Legal Question in Workers Comp in California
Hearing of adequacy
I was informed by another attorney that a hearing of adequacy is the only way to verify that my current attorney is actually helping me. He informs me that a current ''Compromise and Release'' agreement is more than adequate for the amount of my current disability. The amount offered is $124,000. Is this true? My current disability is 70%, but that doesn't include a moderately severe case of carpel tunnel, sex. dysfunction, and other urological problems. As well as the related psycheatric issues. I've heard that sex. dysfunction has no disability rating. what about the psychological aspects of losing a livelihood of 20 years, and sexual function?
Do the psychological aspects of these things count as a disability? If so, how do I address these issues in a way that Work Comp. will acknowledge?
The carpel tunnel, sex.dysfunction, urological problems, and assorted other injuries are on a personal injury case as well. The ''C&R'' agreement neatly contain all the above mentioned items. Is it possible that the attorneys are trying to get me to sign off everything on one paper?
1 Answer from Attorneys
Re: Hearing of adequacy
If your rating does not include your carpal tunnel problems, urological problems then it is more likely than not that this amount is not wholly adequate as it would not be based on the true disability rating of the matter.
If an adequacy hearing is set it actually means that the WCAB judge has already looked at it and does not feel that the amount is sufficient. Be careful here that you do not have a smooth talking attorney that will simply try to talk it through at the expense of your rights and for a lesser amount than you deserve.
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