Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
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....
 
Reply
#2
estimating your future medical needs is a time consuming and detailed process and you don't as yet have a permanent disability rating.
the reason your atty is gathering vocational rehabilitation evidence is to strengthen a claim for increased disability rating outside the normal rating calculations
that type of of issue is too subjective to put a price on it.
your atty is in the best position and has the most accurate appraisal of the issues and your chances of prevailing in litigation.
do you have any idea what the carrier/employer is paying yearly in medical?
do you have any idea how much you'll need yearly in maintenance treatment?
you need to review some of your medical bills and make some calculations.
treatment costs vary a lot by doctor and location.
your life expectancy is over 35 years and your PD may run over $40K
here is an on-line settlement calculator
http://www.settlementevaluator.com/
once you get a better idea of your PD rating you can look up the duration of payments in weeks and total amount here:
http://www.pdratings.com/storage/SB863_2...0-2013.pdf

the trouble with trying to give a ball park estimate in comp is there are litigation factors that can make a 100% difference in the value of the case.
how valuable is a guess that says
"your case could settle for $60K
or $125K
or the carrier may not want to settle at all and just pay out the benefits weely"

when any one of those outcomes are just as likely to happen as any other in 3 months or 3 years.
to me that information is not very useful for planning or making a decision on anything in the future........
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
#3
(08-21-2015, 07:13 PM)1171 Wrote: estimating your future medical needs is a time consuming and detailed process and you don't as yet have a permanent disability rating.
the reason your atty is gathering vocational rehabilitation evidence is to strengthen a claim for increased disability rating outside the normal rating calculations
that type of of issue is too subjective to put a price on it.
your atty is in the best position and has the most accurate appraisal of the issues and your chances of prevailing in litigation.
do you have any idea what the carrier/employer is paying yearly in medical?
do you have any idea how much you'll need yearly in maintenance treatment?
you need to review some of your medical bills and make some calculations.
treatment costs vary a lot by doctor and location.
your life expectancy is over 35 years and your PD may run over $40K
here is an on-line settlement calculator
http://www.settlementevaluator.com/
once you get a better idea of your PD rating you can look up the duration of payments in weeks and total amount here:
http://www.pdratings.com/storage/SB863_2...0-2013.pdf

the trouble with trying to give a ball park estimate in comp is there are litigation factors that can make a 100% difference in the value of the case.
how valuable is a guess the says "your case could settle for $60K or $125K or the carrier may not want to settle at all and just pay out the benefits weely"
when any one of those outcomes are just as likely to happen as any other.
to me that information is not useful for planning anything in the future........
thank you, I figured I would have to wait some more and do some more research. just didn't want to go in asking for a ridiculous amount for C&R. But let me ask you this-does the info I gave you sound like I would be a candidate for C&R thru the IC eyes?
 
Reply
#4
(08-21-2015, 07:02 PM)Waitingwonderer Wrote: 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....

I updated this post as I read your original post incorrectly as having injuries in both arms and hands.

The voc rehab eval can be used to show your disability is more substantial than what you were rated. The loss of use in both hands can result in a 100% PD rating, in which a person could get TTD for life. I have seen someone who could still use their hands, but like you only with extreme difficulty receive a 100% PD rating (but both hands were an issue).

 I agree with 1171 that it is impossible for anyone on a site to guess at what you could get in a C&R. You injuries sound substantial, and I believe it would be in the best interest for the IC to offer a C&R. I would not recommend it if you do not have private insurance that covers work related injuries.

I do want to mention that although you can use the AME report with UR and IMR, everything he wrote for future medical is still subject to UR and IMR. Before SB863 these reports basically meant you get the treatment, unfortunately this is no longer the case. Some people are not told this from their attorney.

The only thing that will affects your claim with having SSDI is if your settle with  C&R you would need a Medicare set aside.
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.
 
Reply
#5

thank you, I figured I would have to wait some more and do some more research. just didn't want to go in asking for a ridiculous amount for C&R. But let me ask you this-does the info I gave you sound like I would be a candidate for C&R thru the IC eyes?


it all depends on the amount of your demand. if your demand is within the lower limit of their estimate range, then yes they would rather settle then keep the claim open.
actuarially speaking the longer a claim is open the more it costs.
let your atty fix the demand amount; that's what you are paying them for. it really shouldn't be up to you; you are the least knowledgeable member of the negotiating team.
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
#6
(08-21-2015, 09:17 PM)California_Help Wrote:
(08-21-2015, 07:02 PM)Waitingwonderer Wrote: 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....

The voc rehab eval can be used to show your disability is more substantial than what you were rated. The loss of use in both hands can result in a 100% PD rating, in which you would get TTD for life. I have seen someone who could still use their hands, but like you only with extreme difficulty receive a 100% PD rating. This is not a guarantee you will. I am just mentioning it because the voc rehab may result in a higher rating for you. This is usually a fight, but your attorney sounds like he knows what he is doing as these types of evals are needed when a person cannot return to any work and their rating may not fairly reflect the results of the injuries.

 I agree with 1171 that it is impossible for anyone on a site to guess at what you could get in a C&R. You injuries sound substantial, and I believe it would be in the best interest for the IC to offer a C&R. I would not recommend it if you do not have private insurance that covers work related injuries.

I do want to mention that although you can use the AME report with UR and IMR, everything he wrote for future medical is still subject to UR and IMR. Before SB863 these reports basically meant you get the treatment, unfortunately this is no longer the case. Some people are not told this from their attorney.

If you have not done so already, I recommend applying for state disability and SSDI.

I have been advised to apply for state disability and SSDI, but I'm not sure on how it impacts me, my case or any future settlement....
 
Reply
#7
http://www.socialsecurity.gov/pubs/EN-05-10018.pdf
since your restrictions are now permanent and you can work, you won't be eligible for state disability benefits.
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
#8
(08-21-2015, 10:00 PM)Waitingwonderer Wrote:
(08-21-2015, 09:17 PM)California_Help Wrote:
(08-21-2015, 07:02 PM)Waitingwonderer Wrote: 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....

The voc rehab eval can be used to show your disability is more substantial than what you were rated. The loss of use in both hands can result in a 100% PD rating, in which you would get TTD for life. I have seen someone who could still use their hands, but like you only with extreme difficulty receive a 100% PD rating. This is not a guarantee you will. I am just mentioning it because the voc rehab may result in a higher rating for you. This is usually a fight, but your attorney sounds like he knows what he is doing as these types of evals are needed when a person cannot return to any work and their rating may not fairly reflect the results of the injuries.

 I agree with 1171 that it is impossible for anyone on a site to guess at what you could get in a C&R. You injuries sound substantial, and I believe it would be in the best interest for the IC to offer a C&R. I would not recommend it if you do not have private insurance that covers work related injuries.

I do want to mention that although you can use the AME report with UR and IMR, everything he wrote for future medical is still subject to UR and IMR. Before SB863 these reports basically meant you get the treatment, unfortunately this is no longer the case. Some people are not told this from their attorney.

If you have not done so already, I recommend applying for state disability and SSDI.

I have been advised to apply for state disability and SSDI, but I'm not sure on how it impacts me, my case or any future settlement....

I apologize, I read your post wrong and thought both arms were having issues and why I posted the response above.

If you are accepted for SSDI then you will need a Medicare set aside to C&R your claim.
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.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Unsure in Settlement Amount in CA shell0755 4 789 02-11-2020, 03:16 PM
Last Post: 1171
Sad Workers comp settlement amount help Jayal27 4 2,938 09-07-2018, 04:06 PM
Last Post: 1171
  What type of settlement amount should I be looking for? Redtux 2 1,562 01-21-2018, 02:30 PM
Last Post: 1171
  What type of settlement amount should I be asking for? Amirahlove21 7 2,918 01-18-2018, 02:43 PM
Last Post: 1171
  SSDI 1099 using WC offset in tax amount??? vinga 5 6,063 01-21-2014, 04:02 PM
Last Post: Babebahn
  need help to try firguring out settlement amount WhiteRabbit 1 3,932 01-25-2013, 08:18 PM
Last Post: 1171
  ic offered a low amount.was choosing a hearing date a good idea? str8active 16 19,413 05-08-2012, 08:06 PM
Last Post: 1171
Cool mileage amount in Calif captainsuzan 3 5,678 06-28-2009, 06:06 PM
Last Post: chrischris
  Settlement Amount stlstorm99 2 5,081 05-22-2009, 11:50 AM
Last Post: 1171
  settlement amount ideas denmantragic 3 14,808 03-20-2009, 08:31 AM
Last Post: Roadrunner

Forum Jump:


Browsing: 1 Guest(s)