California Worker's Compensation - Help For Injured California Workers

• California Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• California Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 9 of 9
  1. #1
    Join Date
    Oct 2011
    Posts
    10

    Default Settlement Offer

    Date of injury 2009
    California
    Injury: herniated disc l4 l5
    I filed for workers comp November 2009
    The insurance co. Denied my claim on the basis that i filed workers comp after I was fired (not true)
    Ok so my attorney sent me to a doctor I was treated with that doctor for about a year, the insurance company till date they have not payed the medical bills, I have not received a check or any payment by the insurance co. In two years.
    So my treating doctor back in August 2011 decided I was MMI so he rated me at 19% p&s permanent stationary. whole body,
    He had done everything he could I didn't have surgery or anything.. I'm happy with that rating,
    So the insurance co, sent me to another doctor, a doctor I only saw once and he didn't even do test MRI,EKG he only took X-rays, so he's report came out few months back and and he rated me 0%. So today I went to my third MSC and the insurance co, offered me a settlement of $6500 which is not for the injury since the doctor said im not injured it's only for the backpay... I told my attorney to file for a trial date, but I have many question. Obviously my back pay for two years is a lot more than that... According to the attorney when we go to trial the judge will decide what report to accept, so here my questions,,,

    Why does the insurance co, even offer me anything if their report says I'm not injured,

    Is this a tactic the insurance co is using to see if I take the money?

    Why am i not getting my whole backpay

    Can anyone relate to this pls input, I would appreciate it...

    If u have questions let me know I tried to be detailed

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,958

    Default Re: Help,settlement Offer

    Because they are evil.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    May 2010
    Posts
    401

    Default Re: Help,settlement Offer

    I have a few questions, how long have you had an attorney? You said you have not received pay for 2 years, and none of the medical has been paid. I have to assume you must of recently hired an attorney, or there have been some unfavorable hearings against your claim. I cannot imagine your lawyer has not gone before an arbitrator on your pay or medical benefits by now. I would say they offered that amount as the other poster suggested might be correct. It might be due to rulings as I mentioned earlier and if they have gotten favorable rulings against your case, then it is an offer to get rid of you and save themselves more money fighting your case. Good luck, it seems you have an uphill battle on your hands because this IC is determined to drag you to court.

  4. #4
    Join Date
    Oct 2011
    Posts
    10

    Default Re: Help,settlement Offer

    I've had this.awyer since the beginning, and i guessed since they never accepted my claim they would of never payed my back pay, I was told it was going to be payed in a settlement, I've been to two hearings, but never gone to trial, and no actually my case is a good case, has anyone gone through this?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Help,settlement Offer

    Lots of IW"s have been through the same scenario.

    What were the two hearings for?
    The Dr you were seen, briefly by, was an AME, your atty and the defense atty agreed to use this Dr to resolve a disputed medical issue.

    The $6500 is for your consideration to drop the claim, without the carrier accepting liability for the injury, at all. It's not based on any back due benefits you may be due.
    The medical treatment you've rec'd will be dealt with at a lien conference at the WCAB. You should not be billed anything for that treatment.

  6. #6
    Join Date
    Oct 2011
    Posts
    10

    Default Re: Settlement Offer

    The two previous hearings where msc and nothing was offered because the insurance co. Doctor had not finished the report at that time,

    In your personal opinion or professional, having the report that says I'm 0% rating how would that affect me to the eyes of the judge,,,

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Settlement Offer

    If you have a 0% PD/WPI, there would be no indemnity benefits due, you would just go back to work, in the same capacity as pre claim. The system "worked" as intended for you.

    There may be an offer to drop any claim for additional benefits... a C&R. A stipend amount at most.
    If there is no % of impairment, there would be no need for additional medical care. Though the medical remains open, and you would have the ability to reopen the claim for "new and further PD" within 5 years of the org DOI.

    having the report that says I'm 0% rating how would that affect me to the eyes of the judge,,,
    Judge doesn't care one way or the other. Judges resolve disputed medical issues. You could take the claim to trial if you aren't happy with any offer to C&R...judge can't order a cash settlement, only benefits paid.

  8. #8
    Join Date
    Oct 2011
    Posts
    10

    Default Re: Settlement Offer

    Thank u for the great help,

    Just one more question you mentioned my 0% rating, but how about my other doctors report that says 19% percent I'm sure he will take that in consideration right ?

    And also, im owed two years of back pay, those are "benefits". Right.? Can the judge order them to pay me back pay?

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Settlement Offer

    As I said.... at trial, the judge will weigh the medical reports and make a decision on what benefits you are due.
    If s/he finds TTD is due, those benefits will be paid. If the judge finds there is PD indemnity due, those benefits will be awarded in a Finding w/Award & Order.

    Judge cannot award a cash settlement. Only benefits, and medical.
    Either side can appeal a WCAB judges finding.
    And, at trial, with one Dr rating at 19% and AME rating at 0% PD...you are likely to see a "split the baby" with about 8% to 10% PD. OR, you risk a ''take nothing'', meaning your claim would be tossed at trial. Though that doesn't happen often.

Similar Threads

  1. Settlement Offer
    By stevealan in forum Tennessee
    Replies: 3
    Last Post: 05-10-2010, 10:09 AM
  2. Settlement Offer
    By Rob18 in forum Virginia
    Replies: 1
    Last Post: 04-08-2010, 11:34 AM
  3. Settlement Offer
    By idriss1234 in forum Montana
    Replies: 8
    Last Post: 09-28-2009, 01:18 PM
  4. Settlement Offer
    By claude in forum Disability Benefits
    Replies: 1
    Last Post: 02-13-2009, 06:29 AM
  5. What Settlement Will They Offer
    By grumpy in forum Insurance Company Practices
    Replies: 19
    Last Post: 01-09-2008, 09:14 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer