[1171]

the Judge can set the disability % and order them to pay it as well as all future treatment.
he cannot order either of you to agree as to a specific buyout amount.

also with a stipulated or court order award you have 5 yrs from the date of injury to apply for additional disability- TD & PD - so if you do have another surgery within that time you can restart those benefits.
with a buyout you give up the possibility of those benefits.

Chris & jayne have it right-- if you don't think the buyout medical amount will cover what you will need then leave the medical open.
what if you have the surgery and it goes wrong --- with a buyout you're screwed.
who knows if it comes to more surgery they may offer to buy it out later after you've gotten your award.
you can try to buyout a claim at any time even years down the road.

[str8active]

Thanks alot chrischris. Ill take that to mind. I dont know of any retraining that is available to me because my lawyer said Arnold Schwarzenegger destroyed the workers comp "fairness" when he became our governor here in California. I also have another question. I received a letter saying that I would receive $7,000 in credit to go to school from the i.c. Would I lose the schooling if I agreed to a c&r??????

[1171]

it's a voucher system.
yes, once you C&R the claim is closed for all benefits.
more on the vouchers here
http://www.dir.ca.gov/dwc/SJDB/SJDB_FAQ.html

[str8active]

What about all the mileage they said they would pay?? They havent paid me mileage since I was injured on 9/9/09. I sent the forms to the adjuster in 2010 (which were worth $400 at the time) and she sent them back because I diddnt include the parking receipts. So will all that mileage reimbursement go away with the c&R??? If not would I have to go back to all the u.s. Healthworks locations to get old appointment dates or would my lawyer have that info??? He sent me the new empty forms for reimbursment but didnt say nothing else as if he wants me to play "detective" to hunt down all the appointments I have had in the last 2 1/2 years.

[1171]

everything is included in the final C&R amount including interest so make sure all your issues and outstanding payments and disputes are priced in.
you can request a copy of all the medical bills the carrier paid but you might have to pay a copy charge or
just ask for an itemization of your treatment payments--they should be able to produce some kind of printout.

if there is an award your claim stays open for future benefits and those issues can be worked out.

[str8active]

Thank you for all the knowledge and speedy replies. I will keep everyone posted. as soon as I talk to my lawyer. He told me to call him in 2 Weeks to see if the o.c. budged after they see we are setting a hearing date. So I will know something then. I guess were waiting to see thier next move..... Its like a depressing game of chess although it seems like the i.c wins no matter what happenes....

[1171]

yes, litigation is a competing adversarial system; as it's always been.
nothing new there except maybe you are new to it and expected something else.

the employer/carrier thinks it's loaded in your favor.
when both believe the system is biased toward the other that's how the legislature knows it's balanced.