Legal Question in Workers Comp in California

After settlement received ??'s

I've been declared P&S for an RSI/CTS injury, but haven't rec'd a summary rating yet.

What happens to an IW after they receive a settlement from the IC? Hypothetical: Disability 45%; Award $35K. Will the IC pay every two weeks a pymt amt until the $35K is reached? Or,is the IW entitled to additional PD benefits beyond that point?

If no addit'l benefits are attainable after the settlement,then can an IW at that point apply for SDI?

Also, is the IW separated from their employer & w/o any retirement benefits once the settlement is reached?

Am I being naive in not wanting to get the Vocational Rehab benefits that I'm probably entitled to? Sorry, I have many ??'s & don't want to talk to the IC's adjuster. (& I'm currently w/o counsel).

Thanks for any help you can offer.


Asked on 8/02/06, 12:41 pm

2 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: After settlement received ??'s

1) you can sell your VR benefits for a lump sum up to $10,000.

2) You will receive 85% of your award in fixed payments, the remainder will be held in trust until the case formally settles by C&R or Stips.

3) Given that everything appears to have gone well in your case. I suggest that you contact the I&A office at the WCAB regarding settlement.

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Answered on 8/04/06, 1:57 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: After settlement received ??'s

I NEED TO KNOW WHETHER YOU HAD A QME OR AME EVALUATION IN YOUR CASE. IF YOUR CASE WERE RATED ONLY BASED ON THE P & S REPORT OF YOUR PRIMARY TREATING PHYSICIAN SELECTED BY THE INSURANCE COMPANY, I HIGHLY RECOMMEND TO HAVE THIS REVIEWED BY AN IMPARTIAL AME TO MAKE SURE THERE ARE NO BIASES. CALL ME AT 213.388.7070 FOR A CONSULTATION TO DISCUSS YOUR CASE FURTHER.

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Answered on 8/04/06, 2:10 pm


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