Legal Question in Workers Comp in California
state rating
A QME Rated me 4% PD but the state came back with a 14% rating and said there was no aportionment by law from a prior injury to my knee.Does the Ins.Co have to honor the judge's rating?
2 Answers from Attorneys
Re: state rating
Did the judge rate your report? Usually, the WCAB has a rating department that does this, not the judge. Was there a functional capacity assessment? Did you plead any other body parts? Did your PTP refer you to other practitioners? Are you still working for the same employer, a different employer? Are you doing the same job? Did you collect all your temporary disability? Were you paid any P.D.? Did the doctor recommend future medical?
Many times the QME doctor will write a poor report, so how do you know the report is fair? If you don�t think it�s fair, are you going to cross-x him/her?
Workers' compensation is not a hobby and should not be treated as such. This is why injured workers usually retain counsel. The adjusters have much more experience than does the injured worker. Therefore, you should strongly consider contacting me at 1.877.505.INJURY for a free consultation.
Re: state rating
There are other factors such as your age, body part involved and job category that will effect your rating. Your settlement may greatly come from settlement of your future medical. Call us at 213.388.7070 for as free consultation.