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Bad faith in mediating my case?

Discussion in 'Workers Compensation' started by retiredliving, Feb 5, 2010.

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  1. retiredliving

    retiredliving Law Topic Starter New Member

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    I have worked for a company for 20 years and got injured on the job. I had fallen off backwards off my bobtail that I was driving for the company in a route sales position. This injury resulted in breaking my right knee and injury to my back. Surgery did happen that same day, went back to work on light duty doing the same job with help. The company sent me for a FCE and I was told that I had problems in occasionally crouching and I received a letter from the company that based on that limitation I was put on a 2 year medical leave of absence. I was having pain in my left shoulder and a MRI was performed. It showed that I had a labium tear with an impingement. The doctor, that did my knee, said that my left shoulder injury happened post op. from the use of crutches so a consequential was added to my claim. My mental status went down hill from there and was hospitalized for attempted suicide. Several medications were used with no result so ECT treatments was implemented and that I needed to have a vagus nerve stimulator put in. (Haven't decided if that's for me yet) The IME that was appointed by the court and my psychiatrist said it also was caused by the work comp injury so a psych. overlay was added to the claim. I had to use cobra insurance to get help with my mental problems and nothing has happened with my shoulder due to cobra running out. Yes, I filed for SS disability and was awarded it with no problems. The company still gave me a work comp check weekly(the wrong rate) and paid for my psych. meds but never paid any of the medical bills.

    After 3 1/2 years we moved it to mediate the case. We reached a 175k settlement agreement and we had to wait for a MSA approval letter from medicare before any funds would be paid and I was OK with that. My weekly work comp. checks stopped. 6 months passed and I got a medical release form to sign for a third party law firm to put the proposal letter to medicare. So with that said, I'm thinking,my attorney,and mediator say that the company attorney/or company did nothing with my case in this time frame.

    Finally a letter came from CMS stating that they needed additional medical information on my case to proceed with their findings. 45 days goes by and I called CMS and talked to the person that wrote the letter from medicare and asked if they received the information that they needed and I was told no, that my case with medicare MSA letter was closed due to no response. We had another mediation on the case and I received a letter from the co. attorney stating that CMS has gotten the information that they needed. 3 weeks went by and I called CMS again to verify. Still nothing. Why should I be doing all the leg work and asking the questions? Isn't that the reason I hired an attorney for that?

    What can I do next...go to the Oklahoma bar and file a complaint...sue for bad faith? I just want all of this to be over and can get on with my life and the doctors tell me I will never work again.

    Any suggestions would be greatly appreciated,

    Last edited: Feb 5, 2010

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