I have a meditation hearing for my back ...have lumbar fusion l5s1 what i am expekt on that

This is a question you should be asking to an attorney, face-to-face, who is familiar with all the facts of your case and can give you a reasoned opinion. No one on this forum will be able to give you advice with such limited facts. Go see an experienced workers' compensation lawyer who will give you a free consultation, if you do not have one already.

In order to properly evaluate the strength of your case and its value you should speak with an experienced workers' compensation attorney immediately. If you are already represented than your current attorney should be able to discuss the value of your case with you as he/she is in the best position to evaluate all of the facts. Unfortunately, there is no set formula for determining case value as there are a variety of different factors that go into the evaluation. It is definitely not something that you want to go into alone though as your employer is almost certainly represented by a skilled attorney who will be able to navigate the system much better than you can alone and will exploit that advantage to your detriment. Good luck.

The most important thing for you to keep in mind is that if you are currently involved in the litigation of a Claim Petition bore for a Workers Compensation Judge that you are represented by competent and experienced counsel who is familiar with the@Workers Compensation Act, as amended. If you are not currently represented by counsel, it is imperative that you immediately contact an attorney experienced in handling Pennsylvania Workers Compensation Cases to represent your interest in this matter. The purpose of the Mediation Conference is to discuss the possibility of settlement between the parties. Unfortunately, if you are currently involved in the litigation of a Claim Petition and your case is not yet been accepted by the Workers Compensation Carrier, the "value" may not be as high as it would be if you are already receiving Workers Compensation Benefits. It is very difficult to determine the value of your case without further information. The value of a Workers Compensation Claim involves numerous factors, including that limited to your weekly disability rate, severity of your injuries, the type of Petition pending before the Workers Compensation Judge as well as the identity of the Judge who will decide your case. If you are currently represented by counsel, you should discuss these parameters with your attorney who would be in a much better position to advise you as to the value of your claim and what to expect during the course of the Mediation Conference. If you are not currently represent a by counsel, as noted above, you should contact an attorney immediately to discuss the status of your current case and how to prepare for the Mediation Conference. Please note that most attorneys who represent injured workers will not charge for an initial consultation and will accept your claim on a Contingent Fee Basis.

Based on your question, it looks like you have a mediation coming up before a workers' compensation judge.This will, of course, be a different judge from the one hearing your case. It also sounds like you have a claim petition pending, and that your benefits have not yet been approved. This means that the workers' compensation carrier continues to contest either the extent of your disability or its relation to your employment. This event is of particular concern because your injury was serious enough to warrant a lumbar fusion at L5-S1. I also assume that, because your case has gotten this far, you are indeed represented by counsel. Therefore, your question may be best directed to the person most familiar with the legal aspects of your case. Regardless, you asked what you can expect at the mediation and your question deserves an answer. At the mediation, a judge - one who is not hearing your case – is going to make an attempt to settle the case. Namely, he or she is going to talk with both you and the insurance carrier through counsel to determine whether or not the case can and should be settled. Ordinarily, a settlement is a lump sum paid by the workers' compensation carrier to close out your claim entirely. At the very least, a settlement would pay you for your future earnings loss, but continue payment of medical bills. Both you and your attorney should be very well prepared to address any questions the judge my pose. You should also be prepared and decide what your realistic financial goal is. You should not be making this decision during the mediation itself. The mediation is a not a hearing, but rather an informal conference. No one is expected to produce evidence or testify. It may, however, very well be a frank discussion of the merits and weaknesses of both parties' cases. Keep in mind the mediating judge's goal is to get the case resolved. This is the rest of your life we're talking about here. Again, both you and your counsel should be discussing exactly what you should expect from this mediation; it could very well be your last chance to resolve the case before the hearing judge decides the case on its merits.

Mediation is a controversial topic in the workers' compensation filed. With recent amendments to the Workers' Compensation Act, the law now makes it mandatory to mediate all cases unless the mediation would be futile. No doubt, the legislature considered settlement of cases as a way to improve claim processing times and reduce backlogs by getting cases resolved more quickly. In some jurisdictions, the judges require that the parties attend a mediation unless a very compelling reason exists not to do so. In other jurisdictions, the judges do not push as hard for mediation unless the parties agree that it would be fruitful. Some jurisdictions push for mediation as early as possible. Some jurisdictions wait until later. It is always appropriate to consider settlement. But the time to have those discussions varies greatly from case to case. Because settlement of a workers’ compensation claim requires two willing parties, sometimes settlement is not a viable option. If you are going to an “early” mediation in a jurisdiction where the judges encourage all cases to be mediated, but the insurance company has not given the other lawyer any settlement authority, your mediation will be very short, indeed. If there is actually substantive discussion of the value of your case, you should be guided by your lawyer. If you do not have a lawyer, get one quickly. Settlement of a workers’ compensation claim is not for the faint of heart. There are many intricacies that can creep into the analysis. If you are not experienced in recognizing those issues, they can come back to haunt you later. There is not enough information in your question to fairly evaluate your case. One of the important factors that drives the value of any settlement is the average weekly wage you earned prior to your injury. It is not difficult to understand that if you made more, you lose more when you are injured; and thus, your case is worth more. A lumbar fusion is an indication that you have a serious back condition. The fact that it is not an accepted injury indicates that there is a likely issue as to whether your work was the cause of the need for the surgery. In such a case, I would ordinarily start by evaluating what a settlement would be worth if everybody agreed the surgery was work related. I would then consider the judge assigned to the case, the doctors who testified for you, the doctors who testified for the defense, the degree to which your medical case is supported by your medical history and the objective medical evidence, whether you had any previous problems with your back and the cause of those problems, whether those prior problems required significant medical treatment, and a host of other factors. Only then, would I be in a position to advise you as to the value of your claim. Valuing a legal case is not like valuing a car or valuing a piece of real estate. While it is understandable that one might want to obtain other opinions a bout the value, the most important opinion is the one that belongs to your lawyer. Other than you, your lawyer knows you case best and is in the best position to value your case. The next most important opinion is the opinion that belongs to the judge, provided the judge feels comfortable sharing that opinion. Some judges are not comfortable sharing their opinion about value. An opinion from any other lawyer who might be willing to give you an opinion as to value without a thorough review of your case should not be given great credence.