Legal Question in Workers Comp in Pennsylvania

work comp mediation

Our w/c ins. took us to a hearing recently claiming full recovery {from IME report} for my work injury that happened on 9/10/92. Some background is I settled the monetary damages in1997 but kept medical ins. I've been seeing drs., therapists, psychiatrists, etc. quite frequently for 15 yrs with no improvement according to my Dr. My wife and I believe we will win the case on the evidence presented. But just before the judge was to end the hearing, the ins. attorney asked the judge to speak to us in private. this lawyer asks us for a mediation to settle the case before the ruling. he says a certain amount will be put in my Medicare act. for future med. bills and we would get money also. I''m 45 yrs old and my injury looks to be permanent. The atty wants to know how much we will take to go this route. Considering major med. bills down the road, how much is reasonable to ask for in our pockets {aside from their payment to medicare} or how do we come to a figure to ask for-the atty wants us to make the first move. Once the Medicare escrow runs out, there will be co-pays for everything including things that Medicare won't cover. I should mention this is a low back injury and greatly diminishes my abilities. Please help quickly. Thanks


Asked on 11/07/07, 12:57 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: work comp mediation

Some of these deals are attractive. A "mediation" is not binding and they will have to convince you to accept it so they will explain the advantages during the mediation. Be sure to explore the disadvantages, though.

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Answered on 11/07/07, 1:10 pm


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