Legal Question in Workers Comp in California
How much is a l4.5 fusion worth in settlement terms?
in ca work comp
2 Answers from Attorneys
Do you mean a fusion of the L4-L5 vertebrae? Permanent disability percentages are based upon work restrictions not the location or type of injury, although those play a role in determing the work restrictions. A physician will have to say whether you are restricted from heavy lifting, no heavy work, etc.
15% Whole Person impairment for a 40-yr-old Teacher equates to 19% Permanent Disability, which equals $11,615 paid out at $230 over 50 weeks.
If your doctor wrote you have more than 15% Whole Person Impairment ("WPI") it goes up.
If your job required more lifting and pushing/pulling, it goes up.
If you're older than 40, it goes up.
Then there are dollars for resolving all your future medical rights if you are settling your access to future medical treatment ... that could add from $10,000 to $150,000. What did the doctor write you will definitely need in the future? Just pills, or repeated surgeries?
Plus, there's a Job Displacement Voucher payable only to a school for $4,000 or $6,000 or $8,000 (maybe $10,000), going up with higher levels of permanent disability... will the insurer pay you half or 2/3 if you agree to waive the voucher.
The permanent disability goes DOWN 15% if the employer found a new lighter job for you.
The permanent disability goes UP 15% if the employer couldn't find a new job for you.
if this is making you dizzy, HIRE A CERTIFIED SPECIALIST in Comp. they cost the same 15% as a regular attorney buy they took an extra bar exam for 2 days just in workers comp rules: CHECK OUT SPECIALIST IN YOUR COUNTY ON THE CALIF. BAR WEBSITE HERE: http://members.calbar.ca.gov/search/ls_search.aspx
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