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CA 9% permanent disability settlement - fair compensation?
#1
Hello from California! New member here trying to get a little advice on my claim

I was injured at my job (I am a mechanic) a little over a year ago and I severed part of my index and middle fingers. My workers' comp (Employers) company received a final report from my hand surgeon "determining that my medical condition has reached a permanent and stationary status" and they want to offer me a settlement for the claim.

My total permanent disability was calculated at 9% by my surgeon, and the settlement I am being offered by workers' comp is $7830. This was calculated, according to them, based on my salary of $18 an hour, roughly $550 per week after tax. Once again, I am this is in California.

My question is, am I being offered a fair amount? Does anyone know how to calculate this or have a calculator to estimate what my settlement should be? I just want to make sure I am not being taken advantage off, but I really don't want to deal with any lawyers.

Any help will be greatly appreciated, since they called me twice already asking to sign the paperwork to move forward with the payment.
 
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#2
yes.
a 9% rating equates to 27 weeks of disability payments at the maximum rate of $290/week.
I assume you will stipulate to that rating with a "may need" future medical award.
you can find a PD rating chart here:
http://www.pdratings.com/storage/PDChart2015.pdf

hopefully you have submitted all your eligible medical mileage and any requests for out-of-pocket reimbursements.

all awards and settlements have to be approved by the comp court to make sure they are adequate for the injury claimed.
they check the rating and calculations with a state rater before allowing the settlement.
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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#3
Fedebt, were you able to return to your regular job? There may be additional benefits if you could not and why I am asking.

When you state you were offered that amount...is this to keep your medical open where they will continue to take care of this injury medically or is it for a compromise and release?

1171 can I ask if you think this rating sounds correct for two partially severed fingers? I am absolutely not knowledgeable on the rating side of WC. I would think it would also be determined on if it was on the dominant hand and how this has affected his ability to RTW and what job restrictions are now in place?

Fedebt, if you have questions about the forms you can go down to the WCAB where your case is located and show an I&A officer this paperwork to review. You can also meet with a work comp attorney for a free consult. I understand you do not want to get an attorney involved but perhaps you can get some guidance. If you have returned to work, I would not hire an attorney.

Do not let anyone rush you into signing legal papers.They can wait until you get some help with your questions.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
without the medical report and more details the accuracy of the physicians rating cannot be determined. the DEB will be asked to review the report and would spot any obvious rating errors.


the carrier should have already made at least some of the permanent disability payments as they are due when TTD stops and are not to wait for board approval to may payments for benefits not in dispute. the fact that they haven't means they are in a penalty situation.

if you don't finalize the claim, future benefits will be subject to denial based on the statute of limitations.
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.
 
Reply
#5
(07-14-2015, 04:51 PM)1171 Wrote: yes.
a 9% rating equates to 27 weeks of disability payments at the maximum rate of $290/week.
I assume you will stipulate to that rating with a "may need" future medical award.
you can find a PD rating chart here:
http://www.pdratings.com/storage/PDChart2015.pdf

hopefully you have submitted all your eligible medical mileage and any requests for out-of-pocket reimbursements.

all awards and settlements have to be approved by the comp court to make sure they are adequate for the injury claimed.
they check the rating and calculations with a state rater before allowing the settlement.

Thanks for the quick reply, and yes, I have been reimbursed for all my out-of-pocket expenses. According to the paperwork I was sent, once I sign the settlement it'll go to the Worker's Compensation Appeals Board for them to authorize it. Is this what you referred to?
 
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#6
(07-14-2015, 07:21 PM)California_Help Wrote: Fedebt, were you able to return to your regular job? There may be additional benefits if you could not and why I am asking.

When you state you were offered that amount...is this to keep your medical open where they will continue to take care of this injury medically or is it for a compromise and release?

1171 can I ask if you think this rating sounds correct for two partially severed fingers? I am absolutely not knowledgeable on the rating side of WC. I would think it would also be determined on if it was on the dominant hand and how this has affected his ability to RTW and what job restrictions are now in place?

Fedebt, if you have questions about the forms you can go down to the WCAB where your case is located and show an I&A officer this paperwork to review. You can also meet with a work comp attorney for a free consult. I understand you do not want to get an attorney involved but perhaps you can get some guidance. If you have returned to work, I would not hire an attorney.

Do not let anyone rush you into signing legal papers.They can wait until you get some help with your questions.
Yes, I was able to return to my regular job and work and perform my usual duties.

If my permanent disability worsens I have 5 years to reopen my case, and future medical care is a lifetime benefit.

I have not severed my fingers completely, just part off the tip, but they're still fully functional.
 
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#7
(07-14-2015, 08:17 PM)1171 Wrote: without the medical report and more details the accuracy of the physicians rating cannot be determined. the DEB will be asked to review the report and would spot any obvious rating errors.


the carrier should have already made at least some of the permanent disability payments as they are due when TTD stops and are not to wait for board approval to may payments for benefits not in dispute. the fact that they haven't means they are in a penalty situation.

if you don't finalize the claim, future benefits will be subject to denial based on the statute of limitations.

So far it looks like it is a fair settlement, taking in account that my medical will be open in case something anything changes. Unless anyone else thinks it is worth looking any further into it, I think I will proceed with it.
 
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#8
Yes, the WCAB has legal jurisdiction over workers compensation and functions as a judicial court for workers compensation purposes.
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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