Legal Question in Workers Comp in California
Compromise & Release
I was injured at work in 9/02 and diagnosed with a torn meniscus to my left knee. After all the medical treatment we entered in to a stipulation that stated '' The permanent disability is based on a split between the treating physician and applicant's QME. The parties agree applicant was permanent and stationary on 1/29/03, and that applicants overall permanent disability is 14.5-50%-211E-47-51. The parties also agree tht half of applicant's disability was pre-exiting, and therefore the permanent disability from this injury is 14.5-25%-211E-23-26.'' I have been under the doctor since 9/02 and now I am told that I will need a total knee replacement. Prior to me being told that I will need a TKR I tried to do a C&S with the insurance company for 25,000 but they only offered me 10,000. I am in the process of contemplating the TKR but now my IC is only saying that they are willing to pay for only 50% of the surgery because I had a prior pre-existing condtion of my left knee, but the QME reports states that even though I had a pre-existing condition the injury caused on 9/02 was the direct cause of for the need to re-initiate medical treatment on an industrial basis, including surgical intervention. Can you help me in my situation?
2 Answers from Attorneys
apportionment
While the insurance carrier can apportion permanet disability, the carrier may not apportion medical treatment. Therefore, the insurance carrier is responsible to pay all medical bills relating to your industrial injury.
Re: Compromise & Release
Mr. Mahurin is correct. My first question is, where is the attorney who represented you in the first place. I believe that you need to file a Petition to Reopen and request an expedited hearing to resolve this issue.
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