Legal Question in Workers Comp in California

what is reasonable settlement demand for both a stipulation with request for award and a compromise & release for someone who has 21-25% total whole person impairment

Asked on 5/30/13, 12:13 am

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Might be $20,000...might be $220,000.

Were you a Maximum Earner at the time of injury...or just about to become a Maximum Earner (i.e., you earned $8/hr but you were waiting for your Nursing Board Exam test results in the mail when this injury occurred?)??

What was your occupation?

What were the body parts injured?

Did the insurance company fail to pay TTD timely, making penalties due? Did the insurance company fail to pay TTD at all, making back TTD payments plus penalties due?

What are the forecasted future medical care procedures suggested by the QME? What does the Treating Physician write you'll require as future medical?

Are you still with the company? Do benefits get cut 15% because the employer made a special new job for you? Or do benefits get HIKED 15% because you had permanent restrictions and you can never do that job again and the employer couldn't find a new job for you?

Finally: is the insurance company going to come up with an offer any where near the region of 'reasonable' ??

If you're doing this without at attorney, your gambling your future away for 12% of the final recovery. We don't charge fees up's awarded by the judge at the end, and you can find a good attorney serving Yucaipa (including me!) who would help for just 12%, e.g. $6,000 for a $50,000 settlement.

IF YOU HAVE an attorney, your attorney should be showing you the DEU Rating and what would happen if the matter went to trial or settled by Stipulations or settled by C&R.

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Answered on 6/05/13, 8:04 am

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