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  1. #1
    patricia Guest

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    Can anyone tell me what a rating of 70 % for a back and hand injury would be, I'm looking for an estimated cash amount. I know that there is a chart for the state of Ca. anyone know where I can get it?

  2. #2
    anonon Guest

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    Depending on the date you were injured somewhere between the upper 90 to low 100 thousand dollar range. This amount doesn't include any future medical treatments that you might have also been offered. If you totally close out future medical coverage the amount will be greater.

    A 70 % rating is up there. You may qualify for a small lifetime pension also. Are you sure you want to give up future medical care for cash? Social Security won't cover your work injuries and you risk other health insurance ever covering them either. What's been done for your back injury?

  3. #3
    sh Guest

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    The number of weeks and rate depends on your date of injury and when you were P&S. If you are not represented the I&A officer can calculate it for you.

  4. #4
    patricia Guest

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    I was injured in 1997, a year later, case closed with future medical and a 22% rating. kept my job. My back was getting worse and had it reopened 3 years later, just before the five year mark. I have an attorney and we filed a new and further. this also included my upper extremities for carpal tunnel.

    Had QME in Sept 2004 and was told by my doctor that I would probably get a 60- 70 % rating just for my back, don't know about the hands yet. I am working full-time, desk job same place of employment.

    I have a mandatory settlement hearing on feb 3. will they settle at this time? I was paid a settlement in 1998 and took the future medical, will this amount be deducted from the total settlement? Since I have future medical already will this make my second settlement higher?
    I had a 360 fusion on L4-5,S1 with very little relief 2 years ago. I have had three carpal tunnel surgeries on both my hands.

    What is a small life time pension? I work for the county and am vested at this time. Since they are accommodating me with my permanent restrictions, will I get a lump settlement since I already have medical? My attorney is not very good at answering my questions, I appreciate any help.


    Ê

  5. #5
    dennison Guest

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    You will fall under SB 899 like the rest of us, the new PD rating is worth nothing compared what the old rating was, therefore most likely the words
    " small life time pension "
    I understand your Atty not being good at answering questions, seems like none of them want to do the so called " dirty work" these days.
    It is really bad out there right now in CA, you really need to have a serious chat with your Atty, and he does need to answer your questions even if he does not feel like it. He is ultimatly employed by you. MSC Mandatory Settlement Hearing does not mean they will settle with you at this time.
    Beware that you do not get sold out for nothing.
    GOOD LUCK.

  6. #6
    maria Guest

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    The good news is that because you have a re-opened injury you had a PD rating prior to 12/31/04, your rating will still fall under the old schedule.

    I feel 99.9% confident that the County will NOT settle your future medical in a lump sum because they will end up picking up the cost of that medical through your medical insurance that they carry a portion of the cost for.

    Because you are still employed at the same company, 99% of the time you will receive only another Stipulated Award which will be a stipulation to the % of permanent disability, biweekly payments of $170/wk (or $230 if 70% or higher) until the equivalent $ has been paid out, and they will continue to pay your injury related medical expenses.

    The current, let's say it's 70%, is including the prior PD of 22%, therefore, yes they will take credit for the money you have already received for PD. They will not pay you twice.

    If your PD is 70% or more, the life pension is a small weekly stipend that you will be paid for the remainder of your life after the $ equivalent of 70% is paid out at $230/week. It is based on your wages. That weekly payment is small, like $35 / wk.

    It is very fortunate that the county was able to retain you in a permanent modified position.

  7. #7
    maria Guest

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    70% is 426.5 weeks @ $230 = $98,095
    Life Pension is $38.65 per week thereafter

    22% is 80.5 wks @ $160 = $14,892.50

    At 70%, your new AWARD should read: 70% PD, $230 per week for a total of $98,095 less credit for payments already made. Life Pension of $38.65 thereafter for the remainder of your life.

    Future Medical Treatment.

    On the date they switch you to life pension, you should have received $98,095 (less whatever is paid to your attorney).

    Here's a warning, check that the attorney fees award for the current settlement + the fees from the prior settlement, do not amount to more than 15% of the total award. In otherwords, when the front page of the Stipulation says $98,095 and the atty fees listed on the second page are
    $14,700, make sure that the $14,700 read "less fees previously paid".

    On your prior Award, if you had an attorney, they recieved somewhere around $2,200 in fees. So the new Award should be no more than $12,500 "new" fees to the attorney.

  8. #8
    arnold Guest

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    oh boy $38.65 a week wonder if they deliver to cardboard box called home

  9. #9
    maria Guest

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    Yeah, well in PATRICIA'S case, it's not so bad because she still has her job.

    However, for the injured worker who is essentially unemployable, over 70% disabled, it aint much! It is essentially worthless. I agree.

  10. #10
    patricia Guest

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    Thanks to all who answered, but I still don't quite understand. I was awarded the $12,000 the first time including medical. Since I have already settled and have the medical, with the New and Further, shouldn't it be just a money amount owed ? Now is the $98,095 including the injuries to my hands or is that a totally different settlement?

    Also, what about a medical retirement if I am unable to keep working fulltime because of pain?

    $38.65 a week won't even be worth the drive to the bank, that is so sad!!

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