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stressed and lots of questions in California
#11
not really.
that depends so much on each individual case.
the permanent disability computation/calculation is complex but can be calculated with enough information.
future medical care is way too individualistic to do without detailed medical information.
settlement pricing and negotiation is really up to the atty that knows the case well.
you obviously need an up-to-date rating from the doctor. the impairment rating then has to be coverted into a permanent disability rating from the state's Disability Evaluation Unit.
Impairment rating has nothing to do with your active lifestyle or the job you used to do but cannot, or job title or aspirations or future potential.
Impairment is strictly according to the published AMA guidelines for rating permanent impairment 5th edition. ask to look at your lawyers copy or your doctors to get an idea as to how its done.
it is rarely as much as anyone thinks their disability is worth. you will be disappointed.
as you have no doubt found out workers comp is nothing like health insurance or civil liability. comp is no fault insurance and the cost of the injury is to be shared between the employer and the worker and that's why rates and benefits are capped and tightly controlled.

It's not up to you to close your case. the carrier is not required to buyout your future benefits--they can elect to make the periodic disability payments and provide medical care for as long as needed.


the best way to move any case forward is to get a court date. most all attys hate the great waste of time going to court can be and will do most anything to postpone or settle a case to avoid it.
so get a court date and hold on to it until you've got a check in hand.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#12
You for sure need a new rating before you accept any offers they throw at you.. As far as you noticing muscle loss, when they did my impairment on my hip there were alot of factors used to come up with it.. I also had muscle loss, loss of rotation, abnormal gait, nerve damage and it totaled up to 25%.. I had multi injuries with them all added up then they convert it.. We are going for ptd (permanent total disabled) my attorney feels very confident we will win but there is always that chance of a judge having a bad day....lol...

What i'm courious about is, do you have blood work done...? I am tested every 3 months, some times suprise tests.. If it does not show that I'm taking my pain meds, or if it shows I'm taking somthing thats not scripted, my dr will send me packing... Now the addiction sucks, and I understand your thinking.. My dr does insist I take 1 out of 2 dosages of my morphine, if Im having a good day.. He would like it if I could go every other day on taking the second dose, but he understands the need...
 
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#13
I think your offer of $60,000 is insane, one back surgery costs more than they are offering you without the medication and physical therapy it would take. I was hurt in California one year before you, our rating are a little different and I laughed at their nasty offer of $100,000. Someone using $5,000 in medications, why would the insurance company insult you with such a pitiful offer? I hate to tell you, but you might be better off waiting until SB 863 has a year or two to go through all the Constitutionality of certain provisions are challenged, did you apply for SSI?


My friends wife finally received a lifetime pension of $740 a week plus medical for life. She fired her first attorney because he was lazy and wanted her to settle for $85,000 he did not want to go to trial. As time progressed the insurance company offered in 2000 to settle her case. The medications she took were $6800 a month, another offer came in the Fall of 2000 of $230,000 "Final Offer" defense said.

Time continued and her leg went dead from her injury and withered way, 10 inch quads muscles vs 16 inches. The disease from the slicing of her nerves spread to her arms, the insurance carrier offered $350,000 in 2001 and after sixteen years of nonsense and begging by her lawyer "we can get them to offer $450,000, just give me the word." She was making $135,000 a year before her injury and she was 100 percent disabled, her medical treatments to stay alive were now hitting $100,000 a year and the nice insurance company was forced by the Court to pay her the maximum money allowed plus full medical for life. Keep the faith because the attorneys are not always doing good by our standards, my attorney will be mia for a year or two, his is not motivated like yours and my wife is on the horn screaming at him. I wish you the best and please don't play by their game, they will try to starve you financially (you already know that) and destroy your family. be safe.
 
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