Legal Question in Workers Comp in California
I had a QME evaluation. The results were as follows.I am a 57 year old male.Injury happened at work in San Diego, Calif. on July 14, 2008. Injury considered permanent and stationary. 100% work related. Disability rated 11% whole person impairment. I will require permanent modified duty at work with no lifting, pushing or pulling with my left wrist. It said I should be offered future medical care for a significant increase in symptoms including surgical treatment with arthroplasty or arthrodesis ofthe wrist. The surgery I had was a left first dorsal compartment and arthroscopic triangular fibrocartilage complex debridement with 18 follow up therapy. I am waiting for offer from insurance company and I don't know what I should consider a fair offer. I don't want to get ripped off. Could you give me a ballpark figure on what I should expect. Thank you very much for your time.
3 Answers from Attorneys
There is a table showing how many weeks of PD payments exist for the various percentages of PD. Multipe that by your wage rate for disability. On top of that they will offer you a few hundred dollars to settle out the life tiem medical award; do not settle the medical as you never know when you might lose your health insurance, etc. I have not rated cases for a very long time so can not tell you if a 11% rating is what your disability qualifies for but it sound about right. You could see a couple of experienced WC employee/applicant attorneys to find out if they could get you a higher rating [normally by seeing their Dr.] and not hire them unless they agree to take a fee only if they do get you a higher rating.
You have not stated whether or not you wish to settle your case by Stipulations with request for Award or a compromise and release. If the latter, then the carrier will also buy out your future medical treatment. With Stips the disability is whatever is defined by the rating schedule. In any case a judge will have to review the settlement to make certain if it is fair. Since wrist surgery is a probability, I would not settle out the medical unless the carrier makes some provision for surgery in the settlement.
Do you know whether or not you should file an insomnia, internal, or a psyche claim? Do you know how to challenge the QME rating?
The attorney's above gave you good answers, but prosecuting your own workers' compensation claim is laced with many challenges and issues of which you may not be aware. Therefore, I urge you to contact me at 1.877.505.INJURY to set up a free consultation.
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