Legal Question in Workers Comp in Georgia

MSA issues in workers' compensation cases...beginning with the question of whether an MSA is even necessary in the first place...are complicated. I am not exactly sure what mean by "entering the MSA phase." MSA's come into play when you are considering settlement of your case, and yes... settlement contemplates an end to your medical treatment. An outstanding surgical recommendation can increase the amount required for an MSA, making settlement less desirable for the insurance company. However, settlement is always optional... for both parties. As long as your case is open and active, your medical treatment will continue, regardless of whether you or the insurance company are contemplating settlement. Medical will not end unless and until your settlement is approved by the State Board of Workers' Compensation.

There is no clear cut answer to your second question. Once an MSA has been prepared, it may or may not be reviewed by CMS. If it is reviewed, the process can take several months. Some parties choose to settle the case without waiting for CMS to review and approve the MSA. That just depends upon what the parties negotiate.

You should be commended for handling your case on your own for all these years. Keep in mind, however, that issues surrounding MSA's and settlement are very complicated. It would behoove you to find an attorney who can help you navigate these issues and make sure that you receive the maximum recovery possible if you are now thinking about settling your case. The insurance company is not going to be looking out for your best interests. They will try to settle with you for a fraction of what you case is likely worth. While you may not like the idea of paying an attorney for his or her services, it may be worth it if your attorney helps you obtain the best settlement possible.