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Thread Title: It's over, But is it over?
Created On Wednesday May 11, 2005 11:31 AM


bilmo111@aol.com
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Wednesday May 11, 2005 11:31 AM

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Here are a few Questions that are open for anyone to help me with.

Award decisions: Is there anyway of having the judges decision changed once it has been said? In my case I feel that there was a few matters that I had not settled even though my attorney had thought that they were. One, there was the need to get enough cash to be able to pay what bills that I had incurred while waiting the past 3 ᄑ years since I was injured. Now I find myself probably going to have to rent an apartment because my employer of the past 8 years or so has been asking me if I was finished with WC I had to tell them yes that we had came to an agreement even though I felt that it was not in my best interests to accept it. I now feel that they well get rid of me for some stupid reason . Also if this happens, I well also need to get a vehicle that I can move myself around with. I have asked my attorney and now that he thinks that he has done me a great big favor by getting the IC to raise my PD rating up to 64% from 60% is playing the waiting game again. Telling me things that he can not appeal the WCABs decision, also that I am going to have to wait at least a month before I can ask them to give me any sort of cash from my settlement ? I am having a very hard time believing him at this point. Is there anything That I might be able to do as far as walking these matter thru WCAB my self? I am at a point right now where nothing is making sense. I'm not even sure about what really went on at the WCAB. My attorney and the IC's attorney both had their own way of seeing my case and niether of them seemed to concerned how I felt about anything. I feel a big injustice has occured along the way and that I am the one paying for it. Whats next?????

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art
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Wednesday May 11, 2005 12:38 PM

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Bilmo,

Did you review and then sign off on the settlement?

Was it a C&R or settled via stipulation?

Has the insurer started bi-weekly PD payments?

How recent was the settlement?

What about Future Med? Closed out or left open?

Generally, once the parties agree and have signed off and the WC judge has reviewed and approved the settlement, thats it. If not, neither party would ever have any reason to settle in the first place. Sorry...


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bilmo111@aol.com
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Thursday May 12, 2005 1:00 AM

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Thanks for answering Art. My one and only hearing was on the 28th of last month, it was held at the San Diego WCAB which is just at the sub-standards that any living person should have to be in at any given time in their life. My own opinion of course, but with good reaso seeing the IW's sitting on the floor waiting to catch a glimpse of their attorney as they rush by. The little court rooms or whatever you would like to call them were nothing more than a large closet space. One small table where maybe four adults could sit at one time , 2 on each side. The Judge was at the end of the room at another small table with about 16 attorneys exchanging their greetings and how was your week end etc. I could not of made it up to where the judge was if I had to. everything that was said to my attorney was conveyed to me by him outside in the hallwaysor in a copy machine room I seen the IC attorney once as she rushed out to another room at least she recognized me and said hi. When my attorney said to me that I may as well sign I protested but he insisted that I take what They were offering me which included life medical and a settlement which is suppose to be paid to me bi monthly until it runs out. I told him that I could not believe that he was asking me to accept this due to the fact that I have needs and that because of a hardship which I had thrust upon me while I was recuperating the first year after my surgery that it just wasn't acceptable. Then he comes up with this thing about being able to ask for a lump sum after about a month and that he would send the paper work in for me and get it accepted,. Well so far I have yet to come up with an answer from anybody reguarding this matter and I am not even sure now if this can be done. I am thinking that the guy deliberately told me this so that he could walk out of there knowing that he had his 12% of my settlement and screw me. I haven't heard from him yet or his paralegal and neither has returned my calls. So I am totally in the dark on what I am suppose to do with my creditors and with my mother-in-law who has to be taken care of in another state that I am also responsible for at this time. I don't mean to be so rude to any one I am just tired of all this and I thought it was suppose to end and my life start to become normal again. Again thanks for your reply Art .

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injuredworker101@yahoo.com
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Saturday May 14, 2005 8:07 AM

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Edited: Saturday May 14, 2005 at 8:13 AM by injuredworker101@yahoo.com

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injuredworker101@yahoo.com
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Saturday May 14, 2005 8:17 AM

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Write me at my yahoo address on the left. Give me your phone number if you can and I will call you.

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Outspoken
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Saturday June 04, 2005 10:44 PM

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Nothing is in concrete except if it is settled by C&R or the 5 years from injury has passed. Your attorney was describing what is known as a commutation which requires your being able to prove a load of indebtedness that should be paid or some other good reason you should get a lump sum. You can also reopen on the basis of new and further evidence of additional injury. 64% is a big favor and a significant uptick from 60%. Comp isn't there to make you rich or even whole. It is only a benefit system with limited entitlements that don't have anything to do with your needs. If you think you got it bad, just be glad you aren't under Andrea Hoch's new rules.

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