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IS SETTLEMENT NEAR......?
04-12-2012, 03:09 PM, (This post was last modified: 04-12-2012, 03:21 PM by classk.)
#1
IS SETTLEMENT NEAR......?
I am in California my injury happened in 2008, I have atty but no answers, I am P&S I have 2 MED repors 1 from my PTP with 49%WPI and 1 from a QME with 31%WPI and I have Psych report with 36%WPI I was send to a Vocational Expert and in her report I am unable to compete in labor market with 100% diminished future earning capacity I am 44 years old and was earning 50k, My atty went silent and I do not know what to expect, can somebody please give me and info on what my reports mean and since I can not work sad to say what should I expect in a settlement? If I'm any closer to settlement, Thank You any info is really apreciated.Sad
Can I settle my case without my atty? Thanks
Reply
04-12-2012, 06:22 PM,
#2
RE: IS SETTLEMENT NEAR......?
1171 Is this te right site for my post? is this the site where I may be able to get some info about my situation? thanks.
Reply
04-12-2012, 08:36 PM, (This post was last modified: 04-12-2012, 08:50 PM by 1171.)
#3
RE: IS SETTLEMENT NEAR......?
(04-12-2012, 06:22 PM)classk Wrote: 1171 Is this te right site for my post? is this the site where I may be able to get some info about my situation? thanks.

yes, the INJURED WORKER forum is a good place to have your worker's comp issues and questions viewed by the most visitors.
hopefully, some will have some insight and advice to share.

(04-12-2012, 03:09 PM)classk Wrote: I am in California my injury happened in 2008, I have atty but no answers, I am P&S I have 2 MED repors 1 from my PTP with 49%WPI and 1 from a QME with 31%WPI and I have Psych report with 36%WPI I was send to a Vocational Expert and in her report I am unable to compete in labor market with 100% diminished future earning capacity I am 44 years old and was earning 50k, My atty went silent and I do not know what to expect, can somebody please give me and info on what my reports mean and since I can not work sad to say what should I expect in a settlement? If I'm any closer to settlement, Thank You any info is really apreciated.Sad
Can I settle my case without my atty? Thanks

there is a huge disparity- benefit wise - between permanent total disablity (100 %) and someone who is 31% disabled.
there are many variables used to convert a WPI rating from a doctor into weekly permanent disability payments.
permanent total entitles a worker to their TTD payments for the rest of their life. partial disability-anything less then 100% - has much lower weekly rates and generally lasts a limited period. those limits are determined by the final permanent disability rating.

settlements can either be weekly payments with open medical or a lumpsum amount that closes the claim.
if the parties can't agree on a lumpsum the comp court will award the weekly payments.

you can find out more about awards and compromise & release settlements here (factsheet D)
http://www.dir.ca.gov/dwc/iwguides.html

if your atty has been dismissed and replace by yourself then you would be free to negotiate a settlement of your claim.
the atty will still be entitled to a fee for the services given before being dismissed.

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04-12-2012, 11:22 PM,
#4
RE: IS SETTLEMENT NEAR......?
Thank You 1171 little by little I am understanding where Iam in WC. any info on the report of 100% diminished future earning capacity? Do I qualified for this? if yes, what do this means? I don't want to get in to the PAIN or DEPRESSION details we all know what it is, I CAN NOT WORK. Again Thank You very much for the info.
Reply
04-13-2012, 12:40 AM,
#5
RE: IS SETTLEMENT NEAR......?
it means your atty wants the judge to overule the rating schedule and set your disability at 100%.
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