Legal Question in Workers Comp in California
My friend, a male aged 58, has a 22 year old unsettled Ca. Comp. case. The ins. carrier has recently informed him that they would like to settle by 12-31. His industrial injuries include 1 cervical fusion, two knee meniscus surgeries, and two herniated discs (stenoses), unresolved. In addition to these ortho his heart condition, with installed de-fib, has been found to be 10% industrial related. Any idea, ball park, what he should seek if the carrier is willing to cash out his future medical?
1 Answer from Attorneys
1) He should consider the subsequent injuries fund
2) I assume this is a 100% case, which means it is almost impossible to calculate benefits because of the COLA increases. There will also be differences if the case is structured, or has a Medicare Set aside completely defining future medical treatment because medication usually changes over time and defendants are challenge any prolonged use of pain medications (most say they are not for chronic pain.) I believe the only way to get a valid estimate is to send the particulars to a rating specialist or a private rating company, someone who can review the statutory payments including COLA and present day values, which is I typically do in my practice . Even if everyone agrees, I doubt this case can be settled by the end of the year. (is there in home care involved? If so, then you need a life care planner.)
In fact, this might be a case that is settled by C&R with open medical only.
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