Legal Question in Workers Comp in California

What is 'A reasonable settlement'?

I underwent surgery-'anterior cervical discectomy, interbody fusion, and instrumentation with a plate from C4-C7' in January.

I was listed as Permanent and Stationary in June. Had QME in August. It says I have 48% whole body impairment. Also have apportionment of 20%. So my permanent disability is about 38%.

I know there is a chart that lists what % is worth what $.

My first question is this: Is it reasonable to want to get 3 years of pay as settlement, since I lost my 17 yr career as a result of the injury?

Also, the QME said that I will 'likely develop ''adjacent segment disease and therefore reservation for future surgery should be given.'' What does that mean?

I would appreciate ANY information I can get.

Thank you in advance for your help,

Asked on 9/13/08, 9:30 pm

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3 Answers from Attorneys

Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: What is 'A reasonable settlement'?

Please contact us for a free consultation. Your matter is too complicated to discuss in this forum.

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Answered on 9/15/08, 2:22 pm

David Lupoff Law Offices of David B. Lupoff

Re: What is 'A reasonable settlement'?

First, did the QME state in his report that your injury is apportioned by 20% (I assume he did)? How did he/she arrive at this figure? Did he/she review any medical reports, past settlement documents, etc? He/she may need to be cross examined.

With regards to your 3 years of lost wages, you should have received temporary disability for two years, state disability for one year and permanent disability after you were found p&s'd. That would have been your income during the three year period, assuming that your case was admitted. However, to answer your question...No.

Finally, with regards to your future medical, it is what the QME states (Perhaps).

If you are represented, you may want to make an appointment with your attorney and discuss your case in great detail. If you are not represented, please feel free to contact my office at 818.385.0520.

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Answered on 9/15/08, 11:12 pm

Re: What is 'A reasonable settlement'?

Call us at 213,388.7070 for a free consultation.

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Answered on 9/16/08, 4:00 pm

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