Legal Question in Workers Comp in California

permanent disability rating
My husband have undergone comprehensive medical evaluations by 2 doctors (Psychiatric & Orthopedic Agreed Medical Evaluator) and that his injury is permanent and stationary. The findings of the report indicate that the injury has resulted in 65% permanent disability and it also indicates that he is need of continuing medical care.
The question is, before the above evaluations happened my husband was still undergoing treatment & the final decision for him to undergo hip surgery was not finaled yet. At this point his surgeon is getting an approval from worker's comp for the hip surgery. So if at that time he was rated at 65% where the cervical (neck) was the first surgery he had, would there be more number added to 65% like 70% or more rating so at least he could at least receive a lifetime pension?
Also after he's attorney had given us a settlement figure & break it down, the reward seems to be so little, after all the deductions are made. This is for someone who would not be able to work anymore.
I would appreciate your kind answer. Thank you.

Asked on 3/25/09, 10:26 am

David Lupoff Law Offices of David B. Lupoff

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Re: permanent disability rating

If your husband is at 65%, his attorney is probably fighting like a pitbull, or should be in order to get the rating to at least 70%.

With regards to the cervical neck, without reviewing any medical reports, etc, it would be impossible to answer your question.

Good luck

Answered on 3/25/09, 7:16 pm

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