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getting hurt again? California

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  • getting hurt again? California

    my dad has serious issues due to his workers comp case,

    spinal surgery
    still hurts, nerve damage, nothing else they can do
    memory loss where his head hit the concrete (he blacked out for a period of time)
    total knee replacement, still has issues but getting better
    and so on.

    he was stepping down from a tractor with a broken step, (that has already been reported as broken)

    and he has been rated permeate disabled,
    they are now in the process of settling, this has been going on since 2009
    he sees his final doctor in feb.

    do to his injuries, he has become clumsy, falls, and every fall he is terrified it will effect his workers comp case. and is afraid to be seen because he is afraid of he gets even more hurt (don't think that's possible, hes in pretty bad shape as is) they will deny him his settlement.

    should he be worried?

  • #2
    Subsequent injuries from unrelated accidents can affect the overall rating as the employer is only responsible for the work related injuries. Now if the subsequent injuries are a direct result of the work related one, that speaks to the degree of disablement. That said, if your father hurts himself and needs treatment or to be evaluated, for crying out loud get him the care he needs. That is far more important than a few percentage points on a disability rating.

    He will still be entitled to permanency so long as he has a degree of disability as a result of his injuries. Given the extent of them, PPD is inevitable.

    Settlement is a separate matter. If he does not have an attorney, he needs one. He needs to know what he is signing as a settlement agreement is a legal contract. It may or may not be his best option at this point to settle out the claim as opposed to getting a permanency award and leaving medicals open.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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