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No settlement in mediation, but just received a court summons???

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Limboman

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Went to my WC mediation end of September 2013 for assault in 2010 that resulted in PTSD. Claim was denied initially and I appealed to state and was finally approved to see a doctor from selection of company list in late 2011. Doctor has finally found me at MMI of 30%. In mediation they refused to allow me future medical and wantd me to settle for one time offer of $25,000. Refused and my attorney said he would file with the courts. Lo and behold, I receive a summons in mail yesterday afternoon saying I am the Defendent and employer is plaintiff for a civil case disputing that I had a work related injury at all. My attorney is not available until Monday and I am in a tailspin. Can someone explain to me what is happening, and why? I have already received my 400 weeks of TTD and they have paid for my psychiatrist, counselor and meds to date. Are they going to try and get me to pay all of that back??? I thought the issue of the facts was settled. They are disputing their own doctors and say they have an opinion from another doctor who has never even seen me. This doctor is suppose to be intrepretting my attending doctor's notes. Somebody please advise!! Thanks!! I have researched the internet and I can't find anywhere that explains a workers comp attorney doing this to claim victim.
 
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ecmst12

Senior Member
Nothing is going to happen on your case between now and Monday. Try to distract yourself with other things over the weekend and talk to your lawyer on Monday.
 

commentator

Senior Member
Yes, from here we can't tell much about this. The settlement offer they made sounds pretty generous, but apparently you and your attorney thought you had a good chance of getting more, so refused to settle, and that's probably what has generated this new complaint/protest/suit.

But really, from here, nobody can tell you anything and it will be Monday soon enough. You're catastrophizing, which means you're generating all this crazy stomach acid and fear and panic by thinking of the very worst case scenario that could possibly be the outcome of this situation. Which is very bad for you, and will hurt your health and ruin your weekend, even if you were scheduled to be hanged drawn and quartered on Monday morning, which is NOT happening. Calm down.
 

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