Legal Question in Workers Comp in California

I have a pending workers comp case that has been going on for quite some time. It is a progressive neck injury from 2003 to present. I also have a claim for psychololgical problems including stress, anziety and depression. The AME doctor gave me a 25 % total spinal impairment and advised that future care and neck surgery should be given to me. The AME dr said that 50 % of my injury is from work and 50 % from exercise and wait lifting. The psychological AME gave me a 26% rating and said 80% of my psychological injury is from work and gave me future medical care.

How much would my settlement be to keep future medical open and to close it with no future medical care?

Also, since the AME dr stated that 50 % of my neck injury was non-industrial, would I be able to close out the workers comp claim completely and still be able to do the surgery down the line through my health insurance?

Asked on 12/25/09, 4:49 pm

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1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I used to do WC defense work. I would never recommend to an injuried employee that they give up medical treatment. At most, you will get only a few hundred dollars more; when you need that neck surgery, can you be positive that you will still be workring and have the medical insurance coverage. They could easily get an opinion saying your work caused only 49% . As to how much the PD award is, you have to modify your overall rating by the date of injury, your age and occupation. There is a table that shows the PD rating benefits.

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Answered on 12/31/09, 5:00 pm

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