Legal Question in Workers Comp in California
I had an WD injury due to a fall on outstretched hand 4 years ago that resulted in a torn right rotator cuff and herniated discs from C3-C7.
I have had three surgeries since my accident:
1. Arthroscopic repair to
2. Anterior cervical discectomy and fusion with plate c4-c5
3. Additional Anterior cervical discectomy and fusion c5-c7 with removal of original plate and replacement with new plate.
I have significant weakness and pain in my right arm due to the neck injury nerve impingement. At the time of my first ACDF, my doctor requested a two-level fusion and the WC only approved single level. As a result, the two discs below the fusion ended up collapsing within 6 months, necessitating the second ACDF. Now I have swallowing problems, possibly permanent, either due to scar tissue or nerve damage from the ACDF.
I already had a QME evaluation prior to the second ACDF. QME agreed 2nd surgery was required and informed WC minimal PPD of 19%. Based on that, I have already started receiving PPD benefits.
I am not represented and would like to get an idea of what total PPD I should be looking at. I know that as soon as I finish P/T from the latest surgery they are going to be pushing to make me MMI.
I am 50 yrs old and work in an office environment requiring use of computer, phone, etc. Due to my hand weakness and pain in neck, it is difficult for me to sit for long periods, hold a pen and write, type, etc. Grip strength in left hand (non-dominant) at 80 lbs, right hand (dominant) at 65 lbs.
Any advise or guess on what my PPD offer % might be?
Any
2 Answers from Attorneys
One used to be able to submit the latest medical report to the Rating Bureau and getting a non-binding rating, but I do not know if that option still exists. The first rating you got is nonsense as one normally can not have reached a level of maximum improvement but still need surgery to reduce symptoms. Your PD will be based upon your work restrictions with perhaps some add on for the grip loss [major hand should be10% greater in grip than minor]. Although it will cost you 10-12% of your PPD award, you probably should see some applicant attorneys to see what they can do, especially as to using the words to get the highest rating [I say this as a former WC defense attorney]. You might be able to get them to take a lower attorney's fee because most of the work is already done, but I think you are going to need an attorney, especially since one could argue that there is no medical connection between a braced fall onto a hand/arm and HNP. There might also be a malpractice issue as to the new symptoms after surgery.
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