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LucySky

Post-Settlement Doctor Forms - occured at work?

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I have an old settlement for a workers compensation claim (~9 years), but still have lasting medical needs.  Whenever I am seen by a new doctor for the injury, the forms always ask if it occurred at work. 

 

What is my obligation under my settlement in this respect?  Do I select yes and then explain that it is a settled case?  Will my personal insurance balk at the idea that they are covering this if they see the forms?  Or, as part of my settlement, did I agree to say that the injury did not occur at work?  Am I expected to bluff on the forms as part of the settlement? 

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Did you settle it full and final, closing out meds; settle with an MSA (Medicare Set-Aside); receive PPD but not actually close out future medicals? All 3 have a different answer. If you settled it in some way, was the claim 9 years ago or did you sign/receive the settlement 9 years ago?

 

How old are you, and are you on Medicare/Medicaid?

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45 minutes ago, LucySky said:

What is my obligation under my settlement in this respect?

 

How should we know?  Are you under the impression that we have independent information about your settlement?

 

 

46 minutes ago, LucySky said:

Whenever I am seen by a new doctor for the injury, the forms always ask if it occurred at work. 

 

. . . Do I select yes and then explain that it is a settled case?

 

You answer whatever is the truth.

 

 

46 minutes ago, LucySky said:

Will my personal insurance balk at the idea that they are covering this if they see the forms?

 

Call and ask.

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Hi @LucySky

 

Welcome to the community and thanks for posting! Looks like you've got some good direction from our legal community already! When you settled the worker's compensation case, did you work with an attorney? You may want to consider reaching out to that attorney to ask what impact the disclosure of the injury may have on your insurance.

 

Best of luck and let us know if you have additional questions.

The FindLaw.com Team

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The settlement was full and final about 9 years ago (when I was 23).  I am 32 now, not on medicare.  I was young and inexperienced in the questions I should have asked my lawyer, and he did not offer full explanations aside from the fact that I'd be covering my medical expenses myself for the rest of my life, if I took the settlement.  I was so sick of the process and being interrogated regularly that I accepted his advice. 

 

Now when I get treatment for the injury, I want to put the whole workers comp thing behind me and just get regular medical coverage.  This question on forms always trips me up - Will I need to go through the discussion of workers comp with each new doctor/insurance company, even when this settlement is 20 years old?  30?.  I've thought about contacting the lawyer I worked with (who was close to retirement age then) - I'm not sure if it's ok to contact that lawyer over a minor case he covered almost a decade ago. 

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It's perfectly fine to contact the lawyer (just don't expect him to remember anything about the case, and he may no longer have your files).  As far as what you do and don't discuss with your doctors, that's not a legal issue and is between you and them.  Typically, however, being anything less than 100% truthful with your doctor is not in your best interests.

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If you settled out medicals, then yes, you are responsible for the cost of treatment going forward. That is why you received the award/settlement. That money was to be used to pay for those appointments and treatment. If it is directly related to the claim, then there is a better than average chance that regardless of what you put on the intake form from your doctor, your current insurance carrier will deny the claim. Doubtless your doctor will ask how you injured it and when the issue started. Unless you flat out lie, which I never recommend, it will be in the medical notes that this was from a work related claim. WC claims are also public record and insurers do index claims to make sure they are not paying out claims someone else is responsible for.

 

Did you attend the hearing where your settlement was approved by the Commission? You should have. The Commissioners always ask, especially when it is a young claimant, if you understand the terms of the agreement and will not pass the settlement unless you say "yes". You can certainly call the attorney, assuming he is still practicing, and ask about your old settlement. As I mentioned before, this is also public record. You can get basic info on your claim here http://www.wcc.state.md.us/WFMS/public_inquiry.html.

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