Fell at work 8/27/09. WC covered all costs. Knee Arthroscopy didn't help. Had total knee replacement 11/2010. Now WC wants to settle. QME doc said 40% apportionment 20% PD. Calif WC judge said apportionment not legal and 26% PD. WC deducted apportionment and rates 10% and already paid that amount. Ididn't sign or agree to anything.
Employer offered $5,000 more than judge said 26% was worth. When it goes to judge for final approval can he approve a payout that is more than the standard formula he used?
Can WC ignore what judge said about apportionment?
Do I need a lawyer?
Since settlement amount is not even close to cost of knee surgery is it better to keep the claim open and not take a payout?