Legal Question in Workers Comp in California
Hello, I have a worker's comp case and had a knee replacement, I am in pain just as much as I was before the replament surgery, it's been two years next month that the knee was replaced, I can;t sleep at night, I can barely bend the knee, I was given 36% disabled on the leg, I have future medical in requards to the knee, I'm concidering just closing out the case and collecting on the future medical, I really do not want another surgery, I'm wondering how much I might get and how long it might take co I can move from Calif. to Iowa?
3 Answers from Attorneys
From reading your question, it appears that you have a very serious work-related injury. It also seems that you might have more issues other than just your knee. If you are represented, I recommend that you contact your attorney and discuss your case in its entirety. If you are not represented, please contact me at 1.877.505.INJURY (4658) for a free consultation. To learn more about me, you can also visit my website at www.lupofflaw.com.
In addition to permanent disability rating for knee replacement, you are entitled to a settlement for future medical treatment. Also, don't underestimate any psychiatric and emtional injuries that you may have been suffering in the past two years. I would seriously consider to be evaluated by a psychiatrist for your emotional injuries.Since you are entitled to be compensated for that as well. Feel free to call us at 213.388.7070 for a free consultation.
(1) don't move to Iowa yet AND FOR THE LOVE OF GOD DON'T TELL THE ADJUSTER YOU PLAN TO MOVE TO IOWA. When I did defense and the worker confided in me she was leaving, I'd offer 10cents on the dollar because i knew they had to take anything at all...because you cannot use your future treatment rights in Iowa.
(2) GO TO THE TREATER AND RUN UP THE BIGGEST TREATMENT BILLS YOU CAN RIGHT NOW. If you are just seeing the treating doc once every 6 months and there are no prescription bills and no requests for acunpuncture and no requests for pain patches and no therapy bills and no injection bills, why offer much?
BUT! if there are doctor bills and acupuncture bills and pain specialist bills and pharmacy bills and the person will just go away for $85,000...the adjuster will seriously consider the $85,000.
(3) If you are having the same pain as before the surgery, you need a new surgeon and discuss a revision surgery because you aren't going to last long like this. You WILL NOT get a new surgery in Iowa paid by this comp insurer. NOBODY in Iowa has any clue how to request anything in California law.
Seriously re-consider a revision surgery with a super-good surgeon....don't limit yourself to Ventura doctors. It will be nearly impossible to get it 'fixed' later if you settle then try to get another surgery.
(4) The Compromise & Release agreement is like a divorce and you get as much cash as possible before agreeing or signing. 36% for a 'maximum' earner refused a new job at the old employer equates to a permanent disability award of 45758.50...so add on $65,000 for the revision surgery and the future med rights and the retraining voucher and insurance for 10 years and request $110,000... and they will 'counter' with $75,000 ....
.... and then you will just have to decide how low you will go.
If you already told them you're leaving for Iowa, I'd be surprised if they even come up to 75,000...probably just $55,000.
Why you are not discussing this with a CERTIFIED SPECIALIST in WORKERS COMPENSATION is a completely mystery.
I don't like Ventura cases but I could probably find a specialist near there if you cannot: [email protected] is my email.
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