Kansas Worker's Compensation - Help For Injured Kansas Workers

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  1. #1
    Join Date
    Jan 2012
    Posts
    11

    Default Settlement Offer

    I just got my settlement offer for my injury and had a few questions. The offer tells me i was paid for 44 weeks of ttd and i have 51.57 weeks of ppd owed me and the amount that comes to. Then it goes on to say "will close your claim on a full and final basis" Does this mean it will close my future medical also?

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

    Default Re: Settlement Offer

    Quote Quoting wayne1974 View Post
    I just got my settlement offer for my injury and had a few questions. The offer tells me i was paid for 44 weeks of ttd and i have 51.57 weeks of ppd owed me and the amount that comes to. Then it goes on to say "will close your claim on a full and final basis" Does this mean it will close my future medical also?
    yes, the settlement agreement closes out medical as well as disability.
    http://www.dol.ks.gov/Files/PDF/kwcFormD.pdf

  3. #3
    Join Date
    Jan 2012
    Posts
    11

    Default Re: Settlement Offer

    OK Now i have another question. I have a 38% rating for the right foot and a 12% rating to the left foot. They added them together for 50% of one foot and then x the weeks left one foot. IF you take 50% time one foot thats less then if you take 12% times one foot and 38% times one foot so what is the right way to do it? I know I know I should have a attorney and I'm going to be getting one. I was waiting for the offer first. And the best i can tell if i take the weeks ppd do me for ppd they are offering $2022 to close medical. Seeing how the Dr. told me a need to use a brace on my right foot while at work and on uneven ground the rest of my life and the one i got cost %1750 and will last 2 to 3 years that offer to close medical is a joke.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: Settlement Offer

    Yes, you need to talk to an experienced workers' comp attorney there in your state. Anyone on here who tries to give you any other advice is just shooting in the dark.
    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

  5. #5
    Join Date
    May 2010
    Posts
    412

    Default Re: Settlement Offer

    Quote Quoting wayne1974 View Post
    OK Now i have another question. I have a 38% rating for the right foot and a 12% rating to the left foot. They added them together for 50% of one foot and then x the weeks left one foot. IF you take 50% time one foot thats less then if you take 12% times one foot and 38% times one foot so what is the right way to do it? I know I know I should have a attorney and I'm going to be getting one. I was waiting for the offer first. And the best i can tell if i take the weeks ppd do me for ppd they are offering $2022 to close medical. Seeing how the Dr. told me a need to use a brace on my right foot while at work and on uneven ground the rest of my life and the one i got cost %1750 and will last 2 to 3 years that offer to close medical is a joke.
    12% and 38% combined should equal 50%

  6. #6
    Join Date
    Mar 2013
    Location
    KANSAS
    Posts
    2

    Default Re: Settlement Offer

    The answer depends greatly on when you got hurt. If you were injured prior to May 15 of 2011 then you have two injuries, one to the right foot and one to the left foot. They are NOT combined (and you don't simply add them together anyway). However, if you were injured after May 15, 2011, then the new statute applies. ==== You don't combine the left foot and right foot. When you have two schedule injuries, you first convert each to the BAW whole rating and that conversion is located in the AMA Guides to the Evaluation of Permanent Impairment 4th Edition. Once the limbs are converted to body rating, THEN they can be combined using the Combined Values chart on page 322. If you have injury to both the left and right on bilateral parallel limbs such as you have in this case, you have a BAW (body as a whole rating) and if that exceed 7.5% bas (and yours does), you have the threshold requirement for a work disability should you lose your job due to the injury - even if that happens at some point in the future. I would NOT recommend a "full final settlement" in this instance. To do so would cause you to lose your future rights to "review and modification" of this award - such as an instance in which your employer has laid you off due to your injuries. Further, combined limb injuries can result in back problems over time, so in the future, if that develops, you may want the case still "reviewable" as the law does include "natural and probable consequences" of injuries. Good luck.

  7. #7
    Join Date
    Oct 1971
    Posts
    3,537

    Default Re: Settlement Offer

    Unless you're an attorney, you need to give sources for your info.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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