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compromise and release . HELP! - selfrory - 10-17-2013

good morning. i received a letter from my adjuster regarding my WC case. I have two options Stipulation or Compromise and release.

impairment rating:

5% hand impairment
5% upper extremity impairment
3% whole person impairment.

future medical care:
if the patient develops increasing pain or sensitivity due to neuroma formation, additional medical evaluation and treatment might be needed. this could desensitization therapy, or surgical exploration of the nerves. if range of motion decreases, especially in the flexion contracture at the distal joint worsens, then additional treatment could be needed. this would likely include supervised hand therapy with specialized splinting. surgery could also become necessary to release the joints.

i live in california injury date 11/05/09
i was 19 when this happened.

the adjuster is offering me 5000 dollars to buy out future medical benifits.
should i accept?
can i ask for a different amount??


RE: compromise and release . HELP! - 1171 - 10-17-2013

Pricing out future medical procedures is a crapshoot as costs change with time, place, and physician.
maybe your doctor can give a better estimate of what these treatments will cost over the next few years. without knowing how accurate those "ifs" are the range of possibilities is great. are those conditions a 1 in 10 chance or a 8 in 10?

you can ask for copies of your medical bills/payments and use that information to come up with your own figure.
remember a lump sum now is worth more then many small payments in the future.

if you need professional help you can hire an atty to review your medical records and come up with a reasonable settlement.
atty fees in california are 12-15%


RE: compromise and release . HELP! - selfrory - 10-17-2013

thanks. i really do not want an attorney, from a past experience on a car accident claim the attorney took more than me Sad

how should i inform my adjuster, should i call her or send her a letter?



RE: compromise and release . HELP! - 1171 - 10-17-2013

you probably want to do both.
contact her by phone to discuss the deal and then followup the conversation with a letter confirming what was agreed on.

a couple things to keep in mind:

even after you sign, the paperwork has to be sent to the court for their approval.
how is any treatment between now and the court's approval to be handled? put the cutoff date in the agreement
even after the court's approval it may take them awhile to send a check.
find out if there are other items might be deducted from the agreed amount.
make sure any unpaid bills up to the date of the approval are their responsibility.
put it in the agreement.

the law requires interest to be paid on court awards. most settlements include wording that allows interest to be waived if the settlement is paid within 30 days .

once there is a verbal agreement often the paperwork gets neglected.
you can ask for a good faith cash advance on the settlement before signing. that will incentivize them to reduce the delays in getting the court approval. that advance will be deducted from the settlement amount.
if so, don't sign without a check in hand--promises don't spend well at all.


RE: compromise and release . HELP! - selfrory - 10-17-2013

thanks for your reply. this is what my letter says:

if you are interested in settling your claim by COMPROMISE and RELEASE, buying out you future medical benefits, we would offer a total settlement amount of $5,000.00. This amount would include the estimated cost of your future medical care. Your 4% permanent disability benefits have already been paid in full and are not included in this settlement amount.

if i was to counter offer the 5,000 dollars how much is a reasonable amount. i have no idea how much was the surgery but I am sure it was over 5,000 dollars plus therapy.


RE: compromise and release . HELP! - 1171 - 10-17-2013

if you have another surgery you'd be entitled to TTD during recovery.
you are also giving up the ability to repopen the PD for new & further.
you also may be entitled to a $4000 training voucher
http://www.dir.ca.gov/dwc/SJDB/SJDB_FAQ.html


those might be worth a few more $$$ to the carrier.

if you want to settle on $7k, counter with $9K or10K figuring you'll end up spliting the difference between the two.

there is no single negotiating number; you have to have a feel for where you'll get the most resistence.
and I have no idea on the likelihood of any of those treatments the doctor put forth ever happening.
at some settlement number the carrier may be willing to take a chance that none of them are a real possibility. I don't know what that figure is.




RE: compromise and release . HELP! - selfrory - 10-17-2013

at this time im not working im going to college. would that get in the way of TTD during recovery.

PS: i had a doctor appointment three months ago regarding pain in my injured hand and he told me that surgery would be an option, prior to this appointment the last time i seen the doctor regarding the accident was two years and a half.


RE: compromise and release . HELP! - 1171 - 10-17-2013

not really; you could be working.
being temporarily disabled is a medical condition not an employment one.


RE: compromise and release . HELP! - selfrory - 10-17-2013

thanks. i will call my adjuster tomorrow.

i will also call my doctors office for billing information and create a reasonable amount base on bills on record.


RE: compromise and release . HELP! - bronco54501 - 10-18-2013

I want to shine in on this...

I may not be from California but I do know pt costs could eat up that 5,000 in a hurry. If you needed future surgery that 5,000 probably wont even come close, and then you have to figure in the checkups after surgery, maybe a few pain meds.

Now I don't know the rules of your state, in my opinion, if it were me I wouldn't accept it, I would demand it be left open. What is 5,000 these days, yeah its a nice payday but when its gone it's all coming from your wallet.