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Trying to settle before moving out of state w/o lifetime medical - Printable Version

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Trying to settle before moving out of state w/o lifetime medical - norcalgirl7 - 07-28-2017

I never thought that I couldn't carry over my medical care to another state, but I have read so many horror stories about people trying to seek medical care out of state. I currently live in California, and looking to move to Texas; my case began 8/1/16 I did get a 13% rating a few weeks ago. I haven't had the double carpal tunnel surgery they suggest because my doctor gives me a 50/50 chance and stated that staying in my line of work it will only be a matter of time before it comes back. So I am looking to close my case and settle without medical care. I also wonder since the workers comp payments are tax free would the settlement be too? Oh and does getting the surgery increase or reduce any possible lump sum payout? I spoke with an attorney today and she wasn't really that helpful. She didn't really want to answer any questions without signing on the dotted line first. But I'm genuinely concerned and not even sure I need an attorney. Does anyone have any personal advise? Maybe you've been through something similar. Thank you for your help.


RE: Trying to settle before moving out of state w/o lifetime medical - 1171 - 07-29-2017

As controls on medical treatment have expanded fewer out of state doctors are willing to learn and comply with them.

Yes, all the comp benefits, lump sum settlement included, are excluded from earned income.
The discounted value of your estimated future medical costs are added to the permanent disability to arrive at a negotiated lump sum buyout and case closure. Having a past surgery doesn't usually increase your future medical costs and it does not change your rating/PD.
If you want a lump sum buyout and a closed case, an atty is worth the small fee just for the peace of mind.
Make sure the atty is a work comp specialist as not every atty is experienced in it.
Check them out here:
Caaa.org


RE: Trying to settle before moving out of state w/o lifetime medical - norcalgirl7 - 07-29-2017

(07-29-2017, 12:02 AM)1171 Wrote: As controls on medical treatment have expanded fewer out of state doctors are willing to learn and comply with them.

Yes, all the comp benefits, lump sum settlement included, are excluded from earned income.
The discounted value of your estimated future medical costs are added to the permanent disability to arrive at a negotiated lump sum buyout and case closure. Having a past surgery doesn't usually increase your future medical costs and it does not change your rating/PD.
If you want a lump sum buyout and a closed case, an atty is worth the small fee just for the peace of mind.
Make sure the atty is a work comp specialist as not every atty is experienced in it.
Check them out here:
Caaa.org

Thank you very much. I swear my brain is just swimming with all this info and I can't think clearly.


RE: Trying to settle before moving out of state w/o lifetime medical - 1171 - 07-29-2017

Yup; peace of mind can be worth it.
Also More info here
http://www.dir.ca.gov/dwc/CaseResolved.htm