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Hello!
06-10-2010, 03:05 PM
Is 13,000.00 a good sum payout for nerve damage at the elbow that's work related? My lawyer say's it's the norm amount to recieve in Ca. Wouldn't it be more, since my life will always be altered because of the injury I obtained? Was a let down to hear that's the best they can come up with not including the 33% that has to come out to the law firm.

Alice Dodd
06-10-2010, 03:55 PM
Worker's comp doesn't pay for life inconvenience, only the percentage of disability affecting your work. Be glad you didn't lose the family jewels - since they don't affect work ability, no payout except the medical. ;)

angel_28
06-10-2010, 03:56 PM
And if I'm not mistaken in CA the max a WC attorney is eligible to get as a fee is 15%.

cbg
06-10-2010, 08:52 PM
I don't know what the norm is, but if your attorneys are getting a percentage it doesn't do them any good to settle for less than the maximum. The more you get, the more they get. So there's no incentive for them to lie about how much the claim is worth.

CAIW
06-11-2010, 06:02 AM
Wouldn't it be more, since my life will always be altered because of the injury I obtained? In nearly every state you are compensated for your loss of function, or lost ability to compete in the open labor market, or future earning capacity.
That is what the PD/WPI rating means...not that you are IE. 25% ''disabled''.

There is no ''norm'' in rating injuries, Calif uses the AMA 5th edition for rating disability, that number is then converted to a PD/WPI or Whole Person Impairment using the PDRS/Permanent Disability Rating Schedule as adopted by the DWC Adm Dir. Ratings are complex issues, even many Dr are not fully adept at calculating a final rating. The DEU/Disability Evaluation Unit will do a consultative rating if requested. That is also the only official rating a WCAB judge can rely upon if you go to trial.
Division of Workers' Compensation - Disability Evaluation Unit
The Disability Evaluation Unit (DEU) determines permanent disability ratings by evaluating medical descriptions of physical and mental impairment. The determinations are used by workers' compensation administrative law judges, injured workers and insurance claims administrators to determine permanent disability benefits. The DEU prepares three types of ratings:

Formal, done at the request of a workers' compensation judge
Consultative, done on litigated cases at the request of an attorney or DWC information and assistance officer
Summary, done on non-litigated cases at the request of a claims administrator or injured worker
Benefits have been severely limited due to SB899 changes in 2004, and even though, by law, the AD is mandated to update the PDRS, she along with Arnold/gov have refused to do so.

Calif provides a predetermined indemnity payment, a number of weeks for each 1% of your final PD/WPI rating.
PD fact sheet is here http://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf

If you dispute the PD/WPI rating, or the carrier does, you'll be seeing a AME/Agreed Medical Examiner to resolve the disute. Info here http://www.dir.ca.gov/dwc/iwguides/IWGuide03.pdf

If you have a rating ie 15%, you'd be entitled to 45 weeks indemnity, current rate is appx $230/wk, 45 X 230 = $10,350 +/-, depending on your DOI, AWW/average weekly wage, whether or not you are able to return to your previous job/employer.

There are no ''settlements'' in Workers Compensation. per se. The parties are encouraged to resolve their issues informally.
You'll eventually be going to MSC/Mandatory Settlement Conference if you can't resolve on your own. An offer to 'settle' the claim will likely be made by the carrier. They like to close claims by C&R/Compromise & Release.
If you're stubborn, the judge will declare discovery closed and set the case for trial. S/He will decide the issues for you.

Looks like you have about 14% PD/WPI...(?) 56 weeks at 230 = appx 13K. ($12880)
If that's to C&R, there is no money for future medical care. You would agree to pay out of your pocket any further medical treatment that may be necessary. You can't use your personal health coverage to treat this injury.

''...nerve damage at the elbow ...'' You are aware that nerve damage can resolve on it's own...sometimes overnight. You may or may not have permanent impairment. That's another consideration in calculating your final rating. Small, but there's no way of knowing for sure.

Hello!
06-11-2010, 12:10 PM
In nearly every state you are compensated for your loss of function, or lost ability to compete in the open labor market, or future earning capacity.
That is what the PD/WPI rating means...not that you are IE. 25% ''disabled''.

There is no ''norm'' in rating injuries, Calif uses the AMA 5th edition for rating disability, that number is then converted to a PD/WPI or Whole Person Impairment using the PDRS/Permanent Disability Rating Schedule as adopted by the DWC Adm Dir. Ratings are complex issues, even many Dr are not fully adept at calculating a final rating. The DEU/Disability Evaluation Unit will do a consultative rating if requested. That is also the only official rating a WCAB judge can rely upon if you go to trial.
Benefits have been severely limited due to SB899 changes in 2004, and even though, by law, the AD is mandated to update the PDRS, she along with Arnold/gov have refused to do so.

Calif provides a predetermined indemnity payment, a number of weeks for each 1% of your final PD/WPI rating.
PD fact sheet is here http://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf

If you dispute the PD/WPI rating, or the carrier does, you'll be seeing a AME/Agreed Medical Examiner to resolve the disute. Info here http://www.dir.ca.gov/dwc/iwguides/IWGuide03.pdf

If you have a rating ie 15%, you'd be entitled to 45 weeks indemnity, current rate is appx $230/wk, 45 X 230 = $10,350 +/-, depending on your DOI, AWW/average weekly wage, whether or not you are able to return to your previous job/employer.

There are no ''settlements'' in Workers Compensation. per se. The parties are encouraged to resolve their issues informally.
You'll eventually be going to MSC/Mandatory Settlement Conference if you can't resolve on your own. An offer to 'settle' the claim will likely be made by the carrier. They like to close claims by C&R/Compromise & Release.
If you're stubborn, the judge will declare discovery closed and set the case for trial. S/He will decide the issues for you.

Looks like you have about 14% PD/WPI...(?) 56 weeks at 230 = appx 13K. ($12880)
If that's to C&R, there is no money for future medical care. You would agree to pay out of your pocket any further medical treatment that may be necessary. You can't use your personal health coverage to treat this injury.

''...nerve damage at the elbow ...'' You are aware that nerve damage can resolve on it's own...sometimes overnight. You may or may not have permanent impairment. That's another consideration in calculating your final rating. Small, but there's no way of knowing for sure.

So in simple terms, the 13k is good and about as much I can get?

CAIW
06-11-2010, 02:03 PM
There really are no 'simple' terms or resolutions in WC.

The benefits are pre determined, and limited. Much less than personal injury claims.

Money/awards are based on PD/WPI ratings. You are what you are.... the goal is a return to gainful employment, not retirement.
From what you provide here... 13K is probably all you're eligible for.
IF you require further medical treatment, you should not close the claim by lump sum of cash.
And, if you do accept a C&R, you can look for a voluntary termination clause in the documents. Your ER doesn't want you back.

HR/DisMgr
06-16-2010, 01:12 PM
You need to read your fee disclosure paperwork. angel28 is technically correct, the maximum fee for atty fees is 15%. (However, San Diego somehow seems to go by its own set of rules and fee disclosures can be as high as 20%.) At least you get to keep more of your 13k.

And yes, I would think 13k would be within the parameters for the type of injury you described.

CAIW
06-17-2010, 05:46 AM
Lots of IW"s are under the impression atty fees are capped or set by statute in Calif. However, there is no law governing the amount of AA/Applicant Atty fees.

AA fees are based on the amount of work an AA can show has been necessary to resolve the disputed issues/claim.
The WCAB judges, appearantly on thier own, have set an arbitrary 15% max rate... fees average from 9% to 12% as a rule. AA fees must be submitted to a ALJ, and awarded by same.
IW are not permitted to pay out of pocket for AA services.

Regardless of what a fee agreement may provide, the WCAB ALJ is the tirer if fact.

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