Got a work injury, and now after getting a mandatory settlement hearing the insurance co wants me to see a QME?
Was injured in a accident last year, and had injuries. Filed a claim and seen a different doctor, and the insurance company stopped paying me. Now almost a year later, My attorney got a mandatory settlement hearing near and of this year, and now the insurance company wants me to see a QME 2 months after the mandatory hearing. Do I have to go to the QME after the settlement hearing since I should get an settlement from the worker’s comp claim? I heard the insurance comp has only a certain amount of time to have me see a QME.
The attorney said the insurance company has only a specific time frame to request a QME. And now after everyone got the letter for the hearing, a week later I got this letter saying to see a QME. 2 months after the mandatory settlement hearing. Have to wait till Monday to find out…
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Read up online on the laws of your specific state.
Your lawyer knows if thier allowed to do this or not.
You went to a Dr they didnt want u to go to, and you didnt return to the Dr they wanted you to go to.
Um usually the ball is in thier court, you follow the rules, you get a settlement.
Even though you have a mandatory settlement hearing, you may not get a settlement. Or;;;;;;any settlement will be based on the findings of the QME 2 months later.
The QME is set up since they most likely don’t agree with the doctor’s findings you saw and want a 2nd opinion if they agree or not.
You are making assumptions that since this is a mandatory settlement hearing, you will prevail.
You hired a lawyer, so have him earn his money that he will get IF you do indeed get a settlement. The lawyer based on his legal experience should tell you what will happen, what you will need to do and his “guess” if you will prevail or lose.
good luck
Ok, something sounds confused here. Usually, a settlement hearing, determines a final outcome. So. Did the hearing SAY that you had to have another QME, or was everything SETTLED? Or maybe only parts were settled?
In any case, this is a question for your attorney, who probably has FULL information about exactly what was decided at the settlement hearing.
“”I heard the insurance comp has only a certain amount of time to have me see a QME.”"
I’m guessing you are in Kaliforneeah,, You should really ask your attorney about that,
The settlement hearing is usually just a step in the process where the parties are required to meet and try to agree on a settlement, From what you’ve posted it doesn’t sound like you reached an agreement, now WC is wanting to re-evaluate you as he gets ready to head to trail,
My opinion only,,
Good luck.
If you don’t go to the QME, you will certainly not get a settlement, it seems the insurance carrier does not think you are as injured as you claim and are trying to get an opinion regarding your medical condition. So you may not get anything, but you would be silly to not attend the QME. As for a time factor, you would need to check with your state’s laws regarding this.
MSC or Mandatory Settlement Conference can be held to determine a
disputed medical issue, and/or any number of reasons. The hearing
DOES NOT mean the claim is resolved, or that a settlement is due.
MSC is simply a term used in Calif workers compensation to describe
a ”hearing” to get a judge to decide a issue the parties can’t.
Not knowing the facts surrounding the need for the MSC, or the
status of your claim, can’t tell what the outstanding issues here
may be. If the final rating issued by your PTP/AME is under
dispute, then you may be compelled to undergo additional
evaluation, and/or the WCAB judge may have ordered the additonal
evaluation to develop the record. The questions you pose here to
too broad to tell what your scenario may entail. Discuss your
options with your attorney. Second guessing on a message board is
not a good idea. Only you, your atty, and the carrier know the
facts of your claim.