Legal Question in Workers Comp in California

Injured 6-2007 offered 100,000 with medical still . Think I have a bad lawyer as I hate to say that . If I take 200,000 will I still get social security settlement was forced to file over 2years ago . I have an approval for surgery now can they retracted if I settle . Is a new lawyer in my best interest now at this point ?.


Asked on 11/07/14, 8:21 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Sounds like you are presented with payment for Permanent Disability amounting to around $100,000 plus the 'stipulations' there "IS NEED" for medical treatment. That would be an agreement you have about 62% Permanent Disability (at 2007 rates).

If the medical reporting accurately describes your Whole Person Impairment (the activities of daily living you no longer perform or perform in pain on a very limited basis), AND the reporting comes to about that 62% in a rating, then your attorney is acting in your best interest.

If there is no accurate reporting yet -- you haven't read either a treating doctor's report or a panel QME report, or an AME report accurately describing your complaints and activities of daily living yet, then maybe not.

If you are really high functioning and you do all you own laundry and all of your own yard work and all of your own house work, then 62% is really high and you should grab it.

If you are wheelchair-bound and you cannot dress yourself or bathe yourself, then 62% is too low.

If you have had the same lawyer from 2007 through 2014, a new lawyer now would have to give the major share of the attorney fee to the old lawyer, so really good lawyers will decline; so looking for a new lawyer 7 years into the job is generally a bad idea.

If you require a 100% permanent disability finding and this lawyer refuses, then a new lawyer is a good idea.

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Answered on 11/24/14, 10:44 am


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