Legal Question in Workers Comp in California

I was inj in sep.8,2001.Since then I have had 4 back surgeries,hav little to no feeling from top of thigh down,except for intense stabbing pains down both legs,standing or sitting upright.Was rated at 72% disabled last week and with lifetime medical and $46 a week payments for life they are offering me approx. 32,000.00 after attny's fees in bi-weekly payments.Considering I realistically can't perform a job,sitting or standing,I think they are hoping I am an idiot,is this reality in ca. settlements for workers comp?


Asked on 10/16/12, 3:33 pm

2 Answers from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

I saw you on Avvo.com and thought "no way any WCAB Judge would approve such a settlement".

Sounds like you should attempt to prove 100% permanent disability.

THAT will mean conference with a Vocational Expert (i only know So. Calif experts) and deliver the Vocational Expert's report to the reporting doctors with the question, is there really any employment this worker can consider, or is s/he effectively completely disabled?

OR...JUST DEMAND $232,000 FOR A compromise & release agreement, and accept $150,000 and find a business you can do at home on Amazon.

Or follow the Avvo attorney's recommendations, get a CERTIFIED SPECIALIST in comp (we pass an extra bar exam in just comp regulations) attorney and insist the attorney attempt to get you a 100% rating (will require he pay Voc Experts about $2000 and try to get reimbursed).

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Answered on 10/17/12, 12:24 pm
David Lupoff Law Offices of David B. Lupoff

I respectfully disagree with Ms. Wallace. Do not demand $232,000.00 for a C&R unless you have an attorney evaluate your case. Your question does not discuss future medical, any home health care that might be required, or what you did for a living. There are many factors which are calculated into a C&R, and without knowing those factors, it would be unethical to throw numbers out there for resolution. However, Ms. Wallace did say she saw you on Awo.com, so I am not sure what other information she might have in order to arrive at the figures she mentioned in her answer..

You also mention that your Stip amount would be a net, less attorney's fees, which means that you might have counsel.

You can give me a call to discuss this matter if you wish. My telephone is 1.877.505.INJURY.

Have you spoken to your attorney? That might be your starting point.

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Answered on 10/17/12, 1:54 pm


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