Legal Question in Workers Comp in California

Injured back lumbar spondylosis with l4-l5 and l5-s1 disc protrusion with varying degrees of neuroforaminal narrowing and facet arthropathy. I was union laborer made just under$30 an hour but year I got was unusually slow compared to others so my claim was based on 793 a week which is little over half of normal. Work restrictions no lifting over 25lbs. 10% rating compromise and release offer of 18,772.50. I can't find a decent job with those restrictions with my experience so I'm gonna go from 30 an hour to 10 with a small settlement that won't last at all because my new wage won't pay bills and I can't go earn a degree with that to get me some new experience. I see these high five and into the six figure settlements I don't know how I work my butt off my whole work life and get some little offer like OK well go and lose everything now because you can't afford anything its ridiculous to me. I just want enough to get education to give me a fighting chance and cover my bills through schooling and and after to allow time to get hired somewhere. What should I do


Asked on 6/24/15, 1:50 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

You need a WCAB Judge to hold a hearing and make a finding that your 'potential earnings' entitle you to a much higher TTD and PPD rate. It's based on an old case, Thrifty Drug, where a lady who finished nursing school and her board exams and was just awaiting test results to be named a Register Nurse when she got hurt, and the WCAB determined that her POTENTIAL earnings as a nurse should be her Average Weekly Wage. Whether a judge would agree your wages were just on the edge of being much higher is a 'wobbler' since construction is an undependable industry, 5-figure settlements are for people who can no longer perform most Activities of Daily Living, unable to bathe or dress without assistance, unable to cook/clean alone, unable to drive due to narcotic medications, unable to sit for more than 10 minutes without changing positions (making employment outside the home effectively impossible). The only 'education' your Assemblywoman and State Senators decided you get is one $4000 voucher payable to a school with zero cash to you to gas the car while you go to school... WHAT TO DO?? demand another $6000, or $25,000 and don't sign until your get it. THE find a 'grant' from the California Department of Rehabilitation for school and use the remainder from your settlement to life on while you finish a certificate in trucking or computer repair

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Answered on 6/29/15, 10:47 am


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