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  1. #1
    Join Date
    Sep 2010

    Default What Does a 40% Rating Mean when Your Injury is from 2002

    My workers compensation claim was made in the State of: ca
    my mom was injured in 2002 at work, she has had two back surgerys and been off work off and on for years now, she has a 40% rating on her back and due to talk settlement in a week, we are just wondering how much she should be asking for with her rating +future medical
    please help

  2. #2
    Join Date
    Feb 2007

    Default Re: What Does a 40% Rating Mean when Your Injury is from 2002

    She is entitled to a predetermined number of weekd indemnity payment based on the 40% PD rating.
    There is no formual for calcultating future medical, there is no way to force a cash payment for future medical and it's seldom in the IW best interest to cash out the medical.

    The award of indemnity and continuing access to medical care is all the ''settlement'' she is entitled to. That's the default settlement in Calif WC. A judge can't order any more than that.

    When was she rated for PD ?
    If its been some time, and she has been receiving disability payments, there may not be any indemnity to settle at this time.
    What does her attorney say?

  3. #3
    Join Date
    Oct 2006

    Default Re: What Does a 40% Rating Mean when Your Injury is from 2002

    no one can accurately estimate your mothers future medical costs without being familiar with her medical history, current condition, and prognosis.
    a message board cannot give settlement values; read a few posts on the california board and you'll see there is rarely any numbers given no matter how many times it's asked.
    there is a complex formula for computing PD amounts but there is no such calculation to determine lifetime medical costs.

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