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CA Lower Back Injury Settlement
#1
Hello everyone,

I'm writing this post to get an opinion on my potential workers comp settlement in California.

I sustained a lower back injury on the job 2 years ago and have been going through the workers compensation system for 2 round of PT during that time. After the second round of PT had no effect, I hired a WC attorney. It has come to the point where an AME deemed me Permanent and Stationary and the insurance carrier wants to settle.

I am in my early 30's and unable to return to my career in construction due to my injury's. The AME evaluated me at 6% WPI with all future medical care necessary. I have consistent pain and discomfort I rate at 3/10 with daily incidents up to 8/10.

A private doctor said surgery in 10 years is likely, but daily core strengthening exercises could reduce or eliminate the need for surgery. He said due to my age and symptoms he would not recommend surgery now, but recommended pain management and at home core exercises.

The workers comp insurance attorney offered a C&R settlement of $30,000 with CA retraining benefits. My lawyer says he negotiated to that amount and doesn't think he could continue negotiations and get a larger settlement.

Based on advice of my attorney and doctor, I would prefer to settle with a C&R rather than keep future medical care open and fight through the WC system for treatment. However, $30k doesn't seem like enough to cover treatments and potential surgery's.

From my information and compared to other cases, does this seem like a fair settlement offer?

Thank you for your time.
 
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#2
you need to do a future value calculation on the medical portion.
a dollar deposited today will be worth more in the future.
by the time you need surgery you may have other coverage and/or the settlement $$ will have grown.
if you have researched those costs and still believe its too low, then take open med. you'll have to deal with any future disputes on your own as your atty is not likely to be available to help.


what does "C&R settlement of $30,000 with CA retraining benefits" mean?
if its settled, the case closes; there are no other benefits available.
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
(10-26-2019, 02:57 PM)1171 Wrote: what does "C&R settlement of $30,000 with CA retraining benefits" mean?
if its settled, the case closes; there are no other benefits available.

My attorney says it would be Compromise and Release with a Supplemental Job Displacement Benefit for education and access to a Return-to-Work Supplement stipulated in my settlement.

Thanks for your advise.
 
Reply
#4
I see, those are standard benefits for your injury
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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