Q: Psych/Psych claim against VERY major employer. I'm running out of time that I can be off work. What will happen at MSC?
Preliminary QME finds my claim predominantly industrial requiring Tx. Supplemental information will be based on more of the same supportive documentation. Filled DOR which is leading to upcoming MSC. During DOR hearing Judge implied claim compensable. What will happen at MSC? Will judge make a decision and the entire claim come to an end or is this a time when a judge says they have to provide treatment. I'm old and 1 year from retirement. QME report states TTD. Spoke with no less than 12 attys and no one would take my case so I've done everything on my own so far. But I no nothing about what options will be made? Or how things could be settled prior to a trial. What kind of scenario/outcome is likely to come up? Employer atty said my particular employer/department won't settle without a final report. BUT I run out of time (1 year) that I can be off work and they still hold my job in less than 30 days. Unless WC is granted. QME still has 45days 2 finish report. Judge suggested MSC.
A: The settlement conference is just to see if this can be settled. There will be no hearing and no decisions. If the parties cannot settle, each party writes down every witness to be called at trial and each written document to be submitted into evidence. The parties write out the Pre-Trial Conference Statement, which lists all the points on which they agree and the points on which they disagree and wish the judge to decide. So it is extremely unlikely that liability for a psychiatric work an industrial injury will be decided within 1 year. When the judge learns the QME report will not be completed for another 45 days, the judge will likely insist the MSC be continued until a time when the QME report is finished and delivered.
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