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Asker
Posted almost 3 years ago.

the judge is Mark Peleak but the mediator Judge is Joseph Sebastianelli... Just need an idea of how they determine settlement for wage loss and medical

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Asker
Posted almost 3 years ago.

I have a herniated disc along with bilateral si joint dysfunction that requires si joint fusion. Dr advised this is like having a hip replacement and rehab is long. really undecided if I am going to have it done yet.

Timothy D. Belt
Timothy D. Belt, Workers' Compensation Lawyer - Kingston, PA
Posted almost 3 years ago.

You appear to have a misconception in regard to the judge's role in the mediation. They do not determine value. What they do is help the parties agree on a number normally by private meetings back and forth between the parties pointing out the strengths and weaknesses in the case. If a mutually agreed upon number is not reached, the case does not settle. The judge's do not have the power to compel settlement or to award a specific amount.

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Asker
Posted almost 3 years ago.

no, i know that. I was just asking how the value a case for settlement. I read by years other pposts state by impairment rating. also, what exactly goes on at mediation? how long do they typically last? Do most settle at mediation?

Timothy D. Belt
Timothy D. Belt, Workers' Compensation Lawyer - Kingston, PA
Posted almost 3 years ago.

I would once again suggest that you obtain or consult your own attorney. However, PA does not have a settlement formula like many other states. The value of the claim is based upon potential liability. In other words, the WC carrier is not going to pay you more in a lump sum then they project their total liability to be over time. There are many factors that go into this calculation including, but not limited to, the extent of your injury, projected future treatment, time of injury average weekly wage, job availability at the time of injury employer, the judge assigned to the case, and the competing arguments presented. To give you any idea of the actual value of your case, an attorney would need to meet with you and obtain all of your relevant information, review the medical and bureau records and familiarize himself with the current status of your litigation. I'm sorry, but there isn't a chart that we can plug in disc herniation and pop out a settlement figure.