Legal Question in Workers Comp in California

can i sell my lifetime medical and if so how do i go about it and how do they award a dollar amount california workers comp


Asked on 9/24/12, 1:44 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

"selling" your Future Medical rights is the WRONG term.

BUT YES, you may 'surrender' or 'SETTLE' your access and rights to fight in court over all deterioration, new & further disability and medical treatment procedures for cash.

The Settlement is known as a COMPROMISE & RELEASE AGREEMENT.

It is just like a divorce between you and the insurance company. If you ask for $1,000,000, that would be too much just to 'go away' but $25,000 might be an amount the Insurance Adjuster would consider.

IT DEPENDS ON THE REPORTS OF THE PANEL QME AND THE TREATING PHYSICIAN.

iS THERE A surgery certain the future? Add on $22,000. Lifetime narcotic medication with lifetime visits to the anesthesiologist? Maybe $19,500 is fair, depending on your age...

Only over-the-counter meds and occasional physical therapy are forecast?? The adjuster likely won't go over $6,500 for that.

Keep in mind the adjuster is NOT GOING TO PAY full retail value of the upcoming charges for life in dollars today... she'd save money saying 'no thanks' and just hope you get killed in a bad car accident or re-injured for a new employer in 5 years.

But you can't go too low, or the WCAB Judge will refuse to approve it.

So get out your Panel QME report and flip to the "FUTURE MEDICAL' subhead near the end. READ. Memorize everything it says.

FAX THAT PAGE with a HIGH demand to 'resolve' future medical rights...like $60,000.

Then wait for the adjuster to answer; if there's no answer, fax it again every week until there's an answer.

If she comes back with a $2,500 offer, then you have a decision... give up all your rights or take the cash and hope you never need care in the future.

GREAT TIP: GO TO THE DOCTOR AND GET PILLS AND BRACES AND ACUPUNCTURE AND THERAPY for 8 months first ....

....if this adjuster sees Requests for Treatment Authorization folling in every month, and bills for pills and therapy and pain patches, a demand from you to just go away for cash will be more attractive to her!

SO GET OUT YOUR REPORTS AND GET A DOCTOR'S APPOINTMENT FOR PAIN MGT TODAY!

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Answered on 10/01/12, 2:05 pm


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