Workers' Compensation Discussion Forums
CA: Compromise & Release or Buyout - Printable Version

+- Workers' Compensation Discussion Forums (https://www.workerscompensation.com/forums/general)
+-- Forum: Category (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=4)
+--- Thread: CA: Compromise & Release or Buyout (/showthread.php?tid=14068)



CA: Compromise & Release or Buyout - bellabri287 - 11-29-2012

Hello, I'm looking for some help and I hope you all are more knowledgeable than me.

I had Carpal Tunnel surgery earlier this year and everything seems to be fine, it occasionally gets irritated from overuse but now I know the signs. Anyways, I didn't want to close my case with the DR, I'm afraid of needing future medical treatment. I havent seen the DR since June.

Out of the blue I got a letter saying I have 1% permanent disability and here is a first & final payment. OK... and then another letter. Talking about my permanent disability and what I am entitled to. I called my adjuster because I was confused. She said my condition is listed as maximum medically improved, and I am 1% PD. I have 2 options, compromise & release where they buyout my future medical care for $7,500 or Stipulation (something) of care where I can still receive future treatment for my carpal tunnel issues through them but I have to call to get things authorized. They seemed really interested in doing the buyout, I'm not so sure as $7,500 is not enough to cover a future surgery if I needed one.

My questions are, if I choose Stipulation (something) of care and keep my case open how long is this typically for. If 10 years goes by before I have issues again, can I call them and get care of do these cases eventually close after x period of time.

If I chose the buyout, is there any way future treatment could be covered by my insurance at the time? Can that insurance company pull my previous WC case and deny treatment?

Does choosing one way or the other affect anything besides my ability for get future medical care for my carpal tunnel?

Thank you for any help and information you can give me. Smile


RE: CA: Compromise & Release or Buyout - 1171 - 11-29-2012

Probably stipulations & award.
Legally treatment is life time.
But practically there is a very strict interpretation/limitation that it has to be for the work injury.
The need for treatment due to any other intervening injury or condition not causally related to the original work injury would not be covered.

I have no information about you future insurance coverages especially if there has been a new injury or an aggravation of this injury.

Yes your medical history has to be disclosed.