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  1. #1
    kyotdawg Guest

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    I am in Calif and am just returning back to work after a total knee replacement. I injured it as a driver 20 years ago and had it scoped---and it caught up with me. I am still working for the same company and am now in the office. The final Disability Status from the Wk Comp Doc indicates Permanent and Stationary Status---with restrictions for Intermitent standing and walking and not to lift > 20 lbs. I was told that I will be going to the Workers Comp for a settlement and have no idea what to expect--I am 55 years old---and will have medical coverage in my retirement.If i take a lump sum buyout-----do Insurance Companys pay for anoter surgery 10 years down the road---or because it was a Workers Comp injury to start with, would i have to be responsible for the cost from my lump sum settlemtn?? Any help wpuld be appreciated----also If you think I need an attorney---anyone know of a good one in sacramento???

  2. #2
    sh Guest

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    I'm a bit confused. The time limits expired for filing on a 20 yr old claim; I 'm surprised they picked it up. Must be a cumlative trauma since you are still working for them. Also the new laws require that recent permanent and stationary reports use whole person impairment ratings and not the prior work restriction rules.
    Future medical has to be tied to the original work injury. Later events and or conditions would make it a new injury and they'd be off the hook. Most health insurers and medicare won't pick up treatment on claim you were already paid for in a buyout.

  3. #3
    kyotdawg Guest

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    It is a new case----but had the same knee scoped 20 years ago.So now that it is a new case--any idea what I my be looking at for settlement--as a %----is there a guide that tells you what the % will be based on what body part----is this something that is public knowledge??

  4. #4
    kyotdawg Guest

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    There was no buyout in the original Wkman's Comp injury--they covered the Arthroscopy and i was off for a few weeks and came back to work and resumed my duties--end of story----no award or lump sum future coverage ever talked about.

  5. #5
    sh Guest

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    With a prior injury there could be "apportionment" to an underlying condition. That would reduce the disability rating for this injury. Ratings are not as simple as selecting from a menu. Again i'm confused as the restrictions you gave in the prior post are not applicable to new injuries-that's the old style rating. Ratings done in the last couple years have to be based on the AMA guidelines.e.g. Whole Person Impairment %. The AMA rating manual is quite complex but it is probably available from a medical library or reference section in a Public library. It is proprietary to the AMA and not available online or for free. Ratings are based on loss of function. Once there is an impairment rating there is another calculation to determine the $$. With all the varibles involved and everyone recovering differently, settlements are unique and not uniform by type of injury or body part.

  6. #6
    kyotdawg Guest

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    I have not received any type of % Disability from our Wkman's Comp Carrier----I was trying to obtain this infomation ahead of time, so I would know what to expect.At this point, I will wait until I get some communication from the carrier to see what they are offering-----how negotiable are these settlements?

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