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settlement amount
#1
Hello all.

I was injured in CA on the job in 2012. I had a ruptured disc at C6,C7 with severe radiculopathy down my left arm. I underwent an anterior discectomy and fusion surgery at C6.C7. I also had cubital tunnel syndrome and had an ulnar nerve transposition surgery on my left arm (I am right handed). After both surgeries it was determined by EMG that I have moderate carpal tunnel syndrome in my left hand as well. I also have atrophy, numbness and weakness of the left arm/hand.

I am 46 years old and was 43 at the time of injury. I AM being represented by an attorney. 

My employer laid me off 4 months after my injury and I have never returned to work. Not at that job or any other. I have exhausted all my TD payments and am now receiving a permanent disability advance of 230.00 per week.

I had an AME and the Dr. officially reported that I am at 45% whole person impairment (95% injury, 5% existing apportionment) and would never return to the type of work I was doing before the injuries and surgeries. The Dr. also officially reported that I am left with cervogenic headaches and that my left hand always goes numb and cannot perform fine motor skill tasks or heavy lifting, so therefore I cannot use tools that require two hands or cause vibration and will have trouble typing (right now I'm chicken pecking with one hand and it takes forever to get anything written, especially without mistakes).

The AME Dr. also reported I would need future medical care such as Cervical Epidural Steroid Injections (3 or 4X per year) coupled with several medications (muscle relaxers, anxiolytics, H2 blockers for stomach upset, painkillers, etc.), "ad infinitum". The Dr. also stated that further surgeries would probably not correct the numbness/weakness in my arm or hand nor would surgery likely benefit the cervical headaches, but I may require surgery later on my cervical spine at the vertebrae above and below my fusion if my symptoms get worse. He also stated MRIs and CT scans may be necessary if my symptoms worsen. He gathered his assessment of me based on his own investigation and the reports/evidence provided by my treating surgeons and physicians all of which were selected by and approved by the IC. I have had several CESI done since my cervical fusion.

I am now MMI with 45% WBI. My attorney has sent me to a Vocational Expert to determine what type of work I can possibly do in the future and what amount of income I have lost by not being able to do my former vocation. I used to make around $80,000.00 a year. I worked for the employer where I became injured for over 10 years.

Currently I am waiting for the results back from the Vocation Expert and contact from my atty. regarding the next step in the process of my claim. I have had no settlement offers as of yet from the IC. No settlement conferences or trial dates have been set yet, either.

With the above information I have given, is it possible for someone here to estimate what type of lump settlement I could possibly ask for that is fair and workable? I have considered both Stip and Award and C&R and I am leaning towards C&R, as my bills and life have gotten extremely unmanageable over these last few years. I am barely holding on financially (but I can make it, hopefully). My wife has her income. 

I am not desperate enough to take a lowball settlement offer (if it's EVEN offered, I mean.)

Are we talking tens of thousands or quite possibly six figures for a lump settlement?. Is that possible to determine with all the facts of my case provided here?

I know you will all tell me to discuss this with my attorney...and I will...I plan on working over my options with my attorney, I just would like to know beforehand (and before any negotiations start) where I might stand.


Thanks in advance....
 
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Messages In This Thread
settlement amount - Waitingwonderer - 08-21-2015, 07:02 PM
RE: settlement amount - 1171 - 08-21-2015, 07:13 PM
RE: settlement amount - Waitingwonderer - 08-21-2015, 07:42 PM
RE: settlement amount - 1171 - 08-21-2015, 09:44 PM
RE: settlement amount - California_Help - 08-21-2015, 09:17 PM
RE: settlement amount - Waitingwonderer - 08-21-2015, 10:00 PM
RE: settlement amount - 1171 - 08-21-2015, 10:54 PM
RE: settlement amount - California_Help - 08-23-2015, 02:45 PM

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