Legal Question in Workers Comp in California

Should I settle?

I was injured at work 9-1-03 while sitting down I reached up and back with my left arm to take a binder off a shelf. It was heavier then I expected and after I grabbed it I felt something pop in my shoulder. For two weeks after I could not lift my arm. It was diagnosed as an impingement. Chiropractic care has been provided since that time. Opinion from an orthopedic surgeon says I may need surgery in the future to ''clean out'' the area in my shoulder as I now have limited movement.The insurance now wants to settle with me for $10,000 because I had a prior WC claim in 1998 for carpal tunnel on my right hand and it affected my shoulders and gave me headaches. They state because of the prior right hand and arm injury and my statements that it affected both shoulders and I settled for $35,000 (with an attorneys help) they will not offer anymore than this. They say if I refuse their offer then it will go to trial. My question is should I settle or should I get an attorney involved at this point. I was hoping for future medical but the amount their offering seems small and the pain was and is still so great.

Thanks for listening.


Asked on 4/11/05, 6:20 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: Should I settle?

You should absolutely talk to a lawyer before settling out this claim, especially if you are contemplating surgery -- if in San Francisco, you might try calling Mary Lou Williams 415-986-4585. Good luck.

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Answered on 5/02/05, 11:10 am
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

I&A office

You should call the information and assistance office. If the case goes to trial and you lose, it must settle by stipulations with requst for award, which means you will be entitled to future medical treatment if the medical reports so indicate. However, the insurance carrier can make your life miserable by delaying and denying treatment, which is why you should seek help in drafting the settlement, especially if you seek more chiropractic treatment. As you know SB 899 legislation places strict limits on such treatment.

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Answered on 4/30/05, 2:16 pm


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