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  1. #1
    Join Date
    Oct 2010
    Posts
    5

    Default Disability Rating and Settlement

    i just got a disability rating of 35% ,does anyone know what kind of $$$ i can expect to get in a c&r settlment.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Disability Rating and Settlement

    C&R includes medical and no one can estimate your future medical needs or what the carrier is willing to pay for it.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating and Settlement

    You can guesstimate the value of FMC/Future Medical Care by getting a benefit print out from the CA, add up the medical costs for treatment provided, get a copy of your PTP and/or QME/AME reports and see what they have indicated as FMC needs. Average the cost over a year, and extrapolate that over your life expectancy.

    There is no way to force a C&R, it's completely at the discretion of the ER/IC.
    35% under the new PDRS is not insignificant impairment, the carrier may think it's in their best interests financially to wait a couple of years to see just how much medical you will seek post settlement.
    You won't receive the full amount of a FMC award either. Todays dollars come into play here too.
    35% is good for 7 weeks X 35 = 245 weeks of PPD indemnity. Taking the average rate of about $230, that's 54K +/-.
    If you are successful in a C&R, there is a 3% annum (4.7 yrs here) commutation to 'todays dollars'. About $46,500+/-
    There may be a 15% increase/decrease based on your DOI and other factors.http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

  4. #4
    Join Date
    Nov 2010
    Location
    ohio
    Posts
    27

    Default Re: Disability Rating and Settlement

    disability ratings are tough to calculate in CA as there are many factors that go into the calculation of the rating. I am no attorney but worked with many of them in CA. If you are still working for the same employer I would be suprised that they would want to C&R your claim. You can ask the insurance company to calculate your rating or if you have an attorney they should provide you this information then at least you would have the amount of your impairment rating. If you are able to C&R you will also be adding the cost of future medical (if any) into your claim. An attorney can advise you of the amount of future medical that should be added to your claim. You will then have to negotiate and offer with the insurance company.

  5. #5
    Join Date
    Jul 2010
    Posts
    20

    Default Re: Disability Rating and Settlement

    I am in Maryland and they just offered me a amount for ideminity portion and they are taking over 140,000 off for TODAYS DOLLARS THAT IS TOTALLY UNFAIR!! AND MY MSA IS 490,000 WITH 59,000 SEED MONEY AND BASICALLY 12,000 THOUSAND A YEAR FOR 31 YEARS!! IF ANYONE HAS ANY INFORMATION TO ADD OR SHARE LET ME KNOW THIS IS BI LATERAL SHOULDERS AND CUFF ALONG WITH A FRACTURED KNEE. I WAS A NURSE 4 YEARS OF SCHOOL GONE NO CAREER LEFT ON SSDI AS WELL AND I AM 43 YEARS OLD .
    I HAVE DECIDED NOT CLOSE ANY PORTION I AM JUST GOING TO LEAVE IT ALONE NO C & R NO LUMP SUM UNLESS THE AMOUNT IS MORE THAN THE PRESENT DOLLAR FIGURE.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating and Settlement

    they are taking over 140,000 off for TODAYS DOLLARS THAT IS TOTALLY UNFAIR!!
    There is no law that says you must be offered a cash settlement... "todays dollars" are paid because you can deposit that cash in an interest bearing account, just like the ER/IC, and take the weekly benefits based on principle/interest.
    MY MSA IS 490,000 WITH 59,000 SEED MONEY AND BASICALLY 12,000 THOUSAND A YEAR FOR 31 YEARS!!
    That's right... the MSA is being funded with an annuity purchased by the carrier... in the long term, it's likely you will receive more money, and it costs them less up front.
    An annuity also provides for an "estate value".

    It would be a good idea to look into an annuity for the PD indemnity too... the carrier would purchase this for you, an a lifetime stream of tax free income would be provided.
    You cannot self invest that PD indemnity on your own, and replace the weekly benefit amount you are currently receiving. And, taxes would be due on any interest earned.
    Here too... there would be an estate value, vs continuing to take the weekly benefits paid by the carrier... when you die, the claim dies.
    You can also get annuities that include increases based on earnings....
    Talk to a financial advisor before you agree to any settlement.

  7. #7
    Join Date
    Jul 2010
    Posts
    20

    Default Re: Disability Rating and Settlement

    Thanks BvIA

    What do you think about the amount ?? Do you think If I wait they will offer me more to go?? My shoulders both have gotten worse and I am in need of shoulder surgery again which will probably put me at Total Perm Disability then what happens then ?? They will then have to provide care until I am dead correct?? I am just scared due to the fact my meds are 2500 a month which is approx 30K a year and that is nothing else no surgery physical therapy surgery etc. so in the 31 years that they rated that I have left in my life ( I am 43 now ) my MSA is totally gone on just meds !!! No surgeries or anything else and that is if my meds stay as they are no more and no increases in dosage's . See this is why I am scarred BvIA and I was told that if I don't settle now with IWIF cause they want to that I wouldn't get the chance to do a lump sum again so ITS NOW OR NEVER !!! THANKS BvIA

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating and Settlement

    There is no such thing as "now or never"... not now, or ever.
    The claim can be cashed out any time the parties can come to an agreement.

    My shoulders both have gotten worse and I am in need of shoulder surgery again which will probably put me at Total Perm Disability then what happens then ??
    While the calculation of future medical is addressed in the MSA proposal...there is no guarantee of money being 'setaside' for that surgery...there is no guarantee you'd even seek the surgery, or live long enough to get the surgery. FMC/Future Medical Care in a MSA proposal is based on the treatment provided in the last 2 years... and what your Dr think may be reasonable for your condition going forward.

    Once you exhaust the annual MSA deposit, Medicare picks up the cost of treatment, but you pay out of pocket for any copays/deductibles...which could be very costly.
    I am just scared due to the fact my meds are 2500 a month which is approx 30K a year and that is nothing else no surgery physical therapy surgery etc. so in the 31 years that they rated that I have left in my life ( I am 43 now ) my MSA is totally gone on just meds !!! No surgeries or anything else and that is if my meds stay as they are no more and no increases in dosage's .
    While you are hurting today... there is no ''reasonable'' expectation you would continue on the same meds/dosage for the rest of your life.

    Once the MSA proposal is calculated, submitted and reviewed for adequacy by CMS, your ER/IC will determine IF they want to fund the MSA/annuity, and determine the indemnity cash out... if they opt not to at this time... that's it. If you decide not to accept the offer... that's it. Nothing moves forward with the settlement.

    Do not let them intimidate you, or your attorney talk you into something you are not comfortable with. And, keep in mind this is a C&R... full cash buyout...your atty gets a fee on the ENTIRE dollar amount of the settlement... including the amount in MSA. Atty fees come out of your indemnity benefits/award.

    BTW..you should be posting in a new thread of your own in MD board, while the issues may be similar here... this is California, and WC is state specific.

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