Legal Question in Workers Comp in California

Permanent Partial Payment Concern

I have two injured body parts that I have been dealing with on workers comp, my left knee/leg and my left shoulder. I am still getting treatment for my knee/leg as of now, but all treatment for my shoulder has stopped and the QME Doctor stated that I have permanent partial disability in the shoulder and I think it 3%. My question is I recieved a check for $2070 for my permanent partial disability shoulder. One should I cash that check? Do you think this their final payment on my shoulder or should I not cash the check and seek more money? Im confused about this I dont want to cash it and find out that by cashing it. I am accepting their final offer. Nothing was said about this being a final offer I just want to be sure I am not cancelling my chances of getting more money or medical help in the future


Asked on 9/08/08, 7:42 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: Permanent Partial Payment Concern

You can cash the check if you want. IT WILL NOT BE ACCEPTANCE OF A FINAL OFFER. They are paying you based on the whole person impairment and the dollar value. Unles you sign a document stating you are accepting wpi of 3% or unless you sign a Compromise and release. By cashing the check you can still fight for more money.

You can cash the check and object to the report of the QME. I have many questions for you. Was this a Panel QME? Did you receive a letter advising you that you can object and request another opinion? Were you given the option to select which doctor you would be seeing?

My advise to you is to go ahead and cash the check. If you are unrepresented, by all means get an attorney. Without an attorney, the insurance company will try and take advantage, remember the insurance company is only out for the bottom line.

If you need help please call me for free consultation. My email address is [email protected]

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Answered on 9/11/08, 10:15 pm


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