Legal Question in Workers Comp in California

Unless you have assured medical coverage for you future treatment, do not settle the entire case! The QME said that you may need surgery in the future; basically he is saying that because the surgery places an increased stress on the other vertrabrae they may eventually deteriorate so need surgery. Medical costs go up more than the cost of living so you can not accurately predict how much the future surgery will cost. Since you probably are not going back to the job you were injured at, and the job market is very tight now, at least a large portion of any money you would receive in settlement for the future medical treatment will be used for current living costs.

As to whether the PD calculation is correct or not, I would have to see the entire medical report. The CT also might effect the amount of PD. You should have received TTD during the time you were recovering from the surgery and could get a penalty awarded for sums owed you but not paid to you.

You need to see an attorney who is experienced in WC and is willing to take less than the standard 9-12% fee of PD as they are doing much less work on the case.

It would be hard to determine a reasonable settlement without reviewing the medical reports and determining if you need further medical treatment. I surmise that you do need future medical expenses due to the surgery needed "Adjacent Segment Disease" this can add to your settlement depending if you follow through with the surgery or get paid out for it. Regarding your state disability checks the insurance is unable to benefit from the State making payments to you. They will have to pay back the State and pay you for that additional month in a 12 month period. There are further options that you have that we can discuss please contact my office (626) 585-0017. Thank you.