Legal Question in Workers Comp in California

I have a question about worker's compensation, i was given a total whole person impairment of 24%, the adjuster is having a hard time calculating my settlement. I had surgeries on both of my hands due to carpal tunnel the surgery was not successful because it has added trigger fingers. I am no longer with this employer, I am 44 years old and was making around $56K per year. My question is how much will my award should be? I am currently unemployed.


Asked on 1/10/15, 8:25 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

WPI gets 'rated' by a state rater into a percentage of Permanent Disability... if the employer failed to provide you with a permanently modified job (presuming you were jerked from the old job that caused both wrists to flame up), that Permanent Disability gets hiked up by 15%.

Nobody on line here can give you the dollar amount. We don't have which WPI was assigned to the wrists and which went to the fingers. These get 'adjusted' for age and occupation...average age is 39, so yours goes up from the average if you were 44 on the date of injury.

An unsuccessful carpal tunnel release on both hands sounds like it should go a big higher than only 24%... did the treating physician write down all Activities of Daily Living impaired?? or did he only write what the adjuster said he could write?

Did anybody get a Panel QME to see if it would be higher, or see if you could benefit from additional treatment??

Did the adjuster offer you your Job Displacement Voucher? that should be at least $6000 payable to a school to learn a professional that doesn't continually use find hand/finger movements.

do you really think not having an attorney through this is a good idea????

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Answered on 1/28/15, 7:30 pm


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