Legal Question in Workers Comp in California

how much should i expect to settlement if i have a wpi of 12% 50% apportionment, and 12% psych, but i still need to see a qme for my GI problems, memory and concentration, and sleep disorder. i want to get this case over with it has been 6 years. their last offer was 125,000


Asked on 11/16/12, 9:40 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

If the adjuster is up to $125,000 you REALLY need a Certified Specialist Attorney .... because the claim is likely worth twice that.

If you DO have an attorney, this should be addressed by your attorney, given you're going to hand him about $17,500...for $17,500, you shouldn't be having to get information on a free advice website!!!!

There is not sufficient detail to give you a real rating. Whole Person Impairment gets 'adjusted' for occupation and the body part.and your age.

Just as a sort of 'yardstick', a 39-yr-old Teacher with a 12% Whole Person Impairment PSYCHIATRICALLY would be found to have 23% Permanent Disability just on the mental functioning impairment. The memory and concentration limitations would be said to be part of the Psychiatric injury...memory and concentration malfunctioning ARE the measure of a psychiatric disability.

You will get ZERO for the stomach trouble unless and until a Gastro QME sees you and writes a final rateable report with industrial Whole Person IMpairment found.

The Sleep Disorder would require another specialist, typically a Pain Mangement specialist finding permanent disability or whole person impairment following a Sleep Study. Unless and Until the treating physician requsts authorization for a Sleep Study by a specialists, that typcially doesn't happen.

For a 39-yr-old Teach with a 12% Whole Person impairment on the Spine -- half of which is not work-related (that's what 50% apportionment means) -- you would be found to have only 8% permanent disability.

8% permanent disability plus 23% permanent disaiblity would result in a PD Award at trial of around $34,000... so it appears you're a lot older than 39 and you have a job a lot more physical than a teacher.

So it's impossible to say what you should expect.

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Answered on 11/29/12, 4:28 pm


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