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This file has recently transferred to me for further defense handling. Please do not hesitate to contact me if you have any questions or comments regarding this matter. It is my practice to return all communications within 24 hours, if possible. I look forward to working with you on this matter as we bring this claim to an equitable conclusion. Please consider this letter a status update on this claim. At this time, I have prepared a supplement request to the Agreed Medical Evaluator, Dr. William Ramsey, forwarding him the transcribed witness statement of Mr. Luis Rodriquez and Ms. Joanna Parvin, as well as a copy of the job description reviewed by both the applicant and the employer. Please recall, in his last supplemental report …show more content…

Mark Howard, to address their dates of injury. Dr. Howard issued a report dated November 22, 2016, finding the applicant permanent and stationary as to the lower extremity, lower back, and shoulder. Unfortunately, Dr. Howard did not discuss the applicant’s hand/wrist complaints. He did slightly mention our date of injury and opined that causation is found by our AME, Dr. Ramsey. In addition, Dr. Howard apparently did not find causation to the alleged cumulative tram claim through May 15, 2011, involving overlapping body parts with our claim. Dr. Howard found that an exacerbation may have taken place. While we are waiting for Dr. Ramsey to issue a supplemental report, I did have a short conversation with the applicant’s attorney regarding the possibility of settlement at this time. I requested a settlement demand from the applicant’s attorney. As soon as I receive it, I will let you know. I believe you previously extended an authority of up to $15,000.00 in or about November 2016. Please advise if that authority is still available. Problematically, I was informed by the applicant’s attorney that the applicant has applied for Social Security Benefits. As you know, we will have to obtain a Medicare Set-aside if the claim is found industrial and if we wish to settle via Compromise and Release. In my opinion, one way to get around the need for an MSA is a settlement via Compromise and Release with a Thomas finding, noting that AOE/COE remains in dispute.

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