Legal Question in Workers Comp in California

Re: Workers Comp settlement offer to low?

There are several issues and the answers vary depending on certain facts. First of all, if the doctor (QME) gave you an eight (8%) whole person impairment (WPI) it may go up a little depending on whether or not the WPI was "adjusted" for loss of future earning capacity (FEC) age and occupation. I do not know if the 8% is before or after the adjustments. Assuming it is after, the 8% is worth $6052.29 if you do not return to work with your employer or $4692 if you do return or they offer you modified work.

With regards to the money owed for time lost, it would be from January of 2008 until you returned to work again or until the QME found that you reached maximum medical improvement (MMI). If the doctor found you did not have to be taken off work in January of 2008, you are not owed any back temporary disability. The temporary disability rate is 2/3 of your salary with a cap $840 p/week.

You may or may not be entitled to pay for the period after January 2008, depending on what the QME said. You should ask all of these questions to your attorney. You do not have to accept the $8,000 as you can can opt to take the 8% and leave the case open for lifetime medical care (assuming the QME recommends future medical care). If you leave the case open, you can also do a Petition to Reopen anytime within five (5)years from the date of injury. If your condition worsens or you sustain "new and further" disability as a result of this injury. I do not know how much future madical care you need, but if you were my client I would settle by leaving the case open and file a Petition to Reopen later, if needed.

I do not know if you are going back to work for the same company, but most likely, if you do, they will not let you settle by way of compromise and release and you will have to leave the case open.

So the question is whether or not you are going back to work for the same company. Either way, you should leave the case open. You cannot be foreced to close the case out. Even if they do not take you back. If you do not go back to work, they will try and get you to close out your case and all of your rights. I would not recommend closing this case out.

Regarding the attorney fees, the extra $3,000 was not for attorney fees, it may have been to pay for some temporary disability that the QME gave you, or it could have been to "buy out" the lifetime future medical care. I just don't have enough details.

By the way, the attorney fees in California are from 12-15% of your settlement. So if it is $8,000 the fees would be from $960-$1200.

You should discuss all of the questions I raised with your attorney. If you should have any questions I would be happy to speak to you directly. YOu can email me at: [email protected] if you have any further questions.

Samuel L. Salazar

Los Angeles, CA