Legal Question in Workers Comp in Georgia

I'm in the MSA process of my Worker's Comp claim (without an attorney). I've had multiple major operations and one of my doctors is requesting another one next month. I have a couple of questions. (I've notice that most attorneys on this site, who's responding back to our questions is very short and direct). And it's understandable esp when you're not compensated for your brillant answers. But here's what I will like to know: 1. Does MOST medical treatment stops once you enter the MSA phase? Because the insurance company has not been returning calls, disapproving present treatment, and have made statements such as 'This treatment can prohibted the MSA for approval'. 2. How long does the MSA process takes? I understand it depends upon the individual and their further treatment. (And this is just a heads up) My further treatment is very extent and could get complicated because of all of my major injuries. Thanks to whoever respond! OaN: If your answer is 'This is way you need an attorney" then thanks but no thanks. Because I hired a attorney 3 yrs ago for about 3 months and that idoit never had the time for me at ALL!!!! So I've taken matters into my own hands and 3 years later I must say to myself 'JOB WELL DONE!!!'

Asked on 5/22/11, 3:35 pm

1 Answer from Attorneys

Lynda Parker Law Office of Lynda S. Parker, P.C.

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.

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Answered on 5/22/11, 6:42 pm

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