It's this the same for interim OTC... Defendants my attorney and I signed A C&R 07/23 and judge asked for EDD infomation to be added and set hearing for 10/23 ... That hearing was given the OTC status... The defendants finally revise the settlement and So now the defendants my attorney and I have signed the revised settlement and turned it in last week in this case sm I just looking at a final approval or what was stated in another video up to a 15 day process possibly ( California)? Thank you ... Your Page is very informative it's good to know what's going on in the background
Your attorney would know the timeline of your specific case best. With regards to OTC, I suspect you are referring to OTOC, which means that the case was Ordered Taken Off Calendar, which just means that a hearing is canceled or that another hearing is not being set. That happens usually when a dispute is resolved. What may have happened is the attorneys told the judge that the dispute was resolved, so the judge took the hearing off calendar, and now new settlement documents were filed. So the judge just needs to review those. Again, your attorney would know best. Best of luck to you.
My problem that I have is that nobody sent the medical records to the QME..so on Jan 5, 2023. When I arrived to do the QME .. I was unable to be given any type of testing due to the fact nothing was sent on my behalf.. So I have my Workers Comp Doc...final report stating that I am MMI ..I am 39% whole body imperment..I am work restricted to only sedentary work..most likely I will be getting social security disability..so I have a Doctor who's says I have reach full MMI..who I just recently went to see recently on Friday October 20th telling me why isn't my case settle & I have a QME Doc stating that I haven't reached full MMI & need more treatment again due to the fact no medical records were sent in order to give a proper evaluation ..who's right in this case..
It generally boils down to which report is more recent, which report reviewed more medical reports, which report has a more accurate history, which report applies the law correctly, etc. It's basically whether each report is substantial medical evidence, and then which is more persuasive. If the QME didn't review medical reports, that doesn't help his or her reporting.
No, every state has its own unique workers' comp system. I'm only familiar with California's system. I'd recommend talking to an attorney there in Georgia. Best of luck to you.
Me.lusk it's me again with another question..in the event I get a bad flare up for some reason and need emergency care and I go to let's say Kaiser ER for example. Will there be any issues/contraversies with the insurance or the defense i should say also will they cover the medical bill for any and all treatments and procedures done in the ER?
Will there be issues with medical treatment in the future? Almost guaranteed in our current workers' comp system. It's very frustrating over the last ten years or so. However, if medical treatment is needed in the emergency department of a hospital, then workers' comp will cover those costs. The bottom line is that workers' comp is liable for any treatment reasonable and necessary to cure or relieve the effects of the industrial injury. The point that gets argued is whether something (such as an ER visit) is "reasonable and necessary."
Yes, a case can be settled at any time. However, the settlement documents will need a good explanation of why the parties are settling before a P&S finding, and what the settlement is based on. The judge must determine adequacy before he or she approves any settlement, and it's just more difficult to do that without a ratable report.
I had a lawyer for several body parts with my workers comp company and I obtained a lawyer. Returned back to work and got injured again with the new injury I didn’t have representation and my workers comp company sent me a comp and release for the new injury cause I have met the two year mark, How will this be affected with the comp and release for the one injury vs what’s in litigation
It's this the same for interim OTC...
Defendants my attorney and I signed A C&R 07/23 and judge asked for EDD infomation to be added and set hearing for 10/23 ... That hearing was given the OTC status... The defendants finally revise the settlement and So now the defendants my attorney and I have signed the revised settlement and turned it in last week in this case sm I just looking at a final approval or what was stated in another video up to a 15 day process possibly ( California)? Thank you ... Your Page is very informative it's good to know what's going on in the background
Your attorney would know the timeline of your specific case best. With regards to OTC, I suspect you are referring to OTOC, which means that the case was Ordered Taken Off Calendar, which just means that a hearing is canceled or that another hearing is not being set. That happens usually when a dispute is resolved. What may have happened is the attorneys told the judge that the dispute was resolved, so the judge took the hearing off calendar, and now new settlement documents were filed. So the judge just needs to review those. Again, your attorney would know best. Best of luck to you.
@@myworkerscompguide thank you so much
@@nyeemareina99 Best of luck to you.
My problem that I have is that nobody sent the medical records to the QME..so on Jan 5, 2023. When I arrived to do the QME .. I was unable to be given any type of testing due to the fact nothing was sent on my behalf.. So I have my Workers Comp Doc...final report stating that I am MMI ..I am 39% whole body imperment..I am work restricted to only sedentary work..most likely I will be getting social security disability..so I have a Doctor who's says I have reach full MMI..who I just recently went to see recently on Friday October 20th telling me why isn't my case settle & I have a QME Doc stating that I haven't reached full MMI & need more treatment again due to the fact no medical records were sent in order to give a proper evaluation ..who's right in this case..
It generally boils down to which report is more recent, which report reviewed more medical reports, which report has a more accurate history, which report applies the law correctly, etc. It's basically whether each report is substantial medical evidence, and then which is more persuasive. If the QME didn't review medical reports, that doesn't help his or her reporting.
Can you take on ga clients?
No, every state has its own unique workers' comp system. I'm only familiar with California's system. I'd recommend talking to an attorney there in Georgia. Best of luck to you.
Me.lusk it's me again with another question..in the event I get a bad flare up for some reason and need emergency care and I go to let's say Kaiser ER for example. Will there be any issues/contraversies with the insurance or the defense i should say also will they cover the medical bill for any and all treatments and procedures done in the ER?
Will there be issues with medical treatment in the future? Almost guaranteed in our current workers' comp system. It's very frustrating over the last ten years or so. However, if medical treatment is needed in the emergency department of a hospital, then workers' comp will cover those costs. The bottom line is that workers' comp is liable for any treatment reasonable and necessary to cure or relieve the effects of the industrial injury. The point that gets argued is whether something (such as an ER visit) is "reasonable and necessary."
@@myworkerscompguide wow that's upsetting..but it is what it is thank you!
@@jaliscomx328 I prefer to tell people the truth, and then if there are headaches in the future it won't be a surprise. Best of luck to you.
@@myworkerscompguide much appreciated thanks!
@@jaliscomx328 You're welcome!
Is it possible to settle with the insurance company if QME says you haven't reached MMI?
Yes, a case can be settled at any time. However, the settlement documents will need a good explanation of why the parties are settling before a P&S finding, and what the settlement is based on. The judge must determine adequacy before he or she approves any settlement, and it's just more difficult to do that without a ratable report.
I had a lawyer for several body parts with my workers comp company and I obtained a lawyer. Returned back to work and got injured again with the new injury I didn’t have representation and my workers comp company sent me a comp and release for the new injury cause I have met the two year mark, How will this be affected with the comp and release for the one injury vs what’s in litigation