Legal Question in Workers Comp in California

YOU REALLY, REALLY NEED A NEW ATTORNEY.

If you have to get your legal advice from a stranger online, you need to fire this attorney and get one with whom you can meet and get answers.

I went on PDrater.com and put in details for a Diagnosis-Related Estimate for 5% Whole Person for a 42-yr-old truck driver (just driving, not a 'helper' loading and unloading...which would be much higher) and THAT rating is 8%.

The AME said that only 6% of that 8% is the employer's responsibilty. 6% Permanent Disability equates to $4140 due over 18 weeks @ $230/week.

There SHOULD HAVE BEEN a Repetitive Trauma claim in addition to the Specific Injury claim.

YOU SHOULD HAVE filed for a Repetitive Trauma over the past 7 years to the knee and back. THEN the 25% the AME said was not due to the specific incident would be covered by the REpetitve Traumas to the knee and back over the past 7 years.

If you got the full 8%, that creates $5,520 due over 24 weeks @$230/week.

all those numbers get knocked down 15% if the AME wrote you have any permanent restrictions and the employer gave you a new job permanently modified around the new permanent restrictions. (temporary light work built around temporary restrictions does NOT let the employer cut your award by 15%).

This took me about 7 minutes. if your lawyer can't give you 7 minutes, he doesn't deserve the 15% of your $4000 he will request and you should fire him and oppose his fee request.