Legal Question in Workers Comp in California

I had my knee replacement in 2011. The injury was 02/2006 and injuried again in 07/2007. Insurance company wants to settle now for 130.000.00 I would end up with 94.000.00. There is $43.000.00 going towards medicaid for future medical. I still have hip pain, back pain from this fall. Insurance company refuses MRI even at the suggestion of the QME. I think my attorney wants me to settle too. Also they still owe me $1,000.00 in mileage and prescription drugs they will not pay? Should I continue to hang in there? Also it has been document by their specialist I have depression from all this now.


Asked on 8/21/12, 12:26 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

You should NOT be posting for help here, you should be sitting down with your attorney.

Your attorney will be collecting nearly $15,000 of your money; you should be getting a lot of explanations for $15,000 and never, ever sign anything without grasping how much money is being provided for that knee pain, that hip pain and that back pain.

If the Insurance company refuses the MRI that the QME recommended, that attorney should have already filed for an Expedited Hearing just on the MRI. Why hasn't the attorney filed for a min-trial on the MRI? IS the MRI on a body part that the insurer claims is not injured at work?

Do you know if the back injury is accepted or denied? Do you know if the Hip iNjury is accepted or denied? is the QME recommending an MRI on a body part that is denied? If there is a denied body part, why hasn't the attorney filed for a trial to prove that the denied body part DID sustain a Work-related injury?

Should you continue to 'hang in there"? Not if you cannot speak plainly and understand your attorney. If you can't understand your attorney and you won't insist on simpler explanations, you need to either accept a settlement you'll never understand or switch attorneys to someone you can actually understand.

You have depression now...have you discussed the pros and cons of amending the claim to include Psychiatric Injury?

If you are found to have permanent psychiatric disability , will that impact the rest of your personal life in the future? Are you a step-parent trying to adopt? are you wanting to work with children? Are you looking for security clearance? You do NOT want psychiatric disability on a public record if these apply.

You THINK you attorney wants you to settle ??? You 'think'? You really should know one way or the other, there should be no question at all.

I see you are in a zip code very far from california. if you are 1500 miles away, then you won't get an MRI or a psychiatrist 1500 miles from califonria to develop the evidence... can you return to california to get this evidence completed?

Insist on an hour with your attorney to get your understanding more clear. If the attorney talks over your head, admit you do not understand and insist the attorney break down the explanations.

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Answered on 8/22/12, 12:58 pm


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