Legal Question in Workers Comp in California

I am on workers compensation and the doctor has determined that I am permanent and stationary with a permanent disability percentage of 21%-22%. My employer wants to settle. I am employed for a large school district in California, I am 58 yrs old and my wages are approximately $40K annually. The school district is offering $50,000 to $75,000 for a settlement and I feel this is a low dollar amount. What settlement in dollars should I be asking for and accept?

Thank you

Asked on 11/23/20, 9:02 am

2 Answers from Attorneys



There is a lot to consider when you are settling your case in a workers comp claim. Please call me at (818) 784-1688 for a no obligation free consultation. Thank you. Michael Sabzevar

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Answered on 11/23/20, 9:07 am
Nancy Wallace Nancy Wallace Atty at Law

The fair settlement, sadly, has no connection to your earnings. It is all based upon (1) the Whole Person Impairment found by the reporting physician (2) Apportionment (how much did the doc write was pre-existing and is to be subtracted from the total), and (3) future medical requirements (if you are cashing out your future medical rights). ARE YOU UNABLE TO TEACH NOW? are you medially retiring?? MAYBE you have a LOT more Whole Person Impairment that just 21%. Did you get a Qualified Medical Evaluation?? Was the QME a real treating doctor or one 'in bed' with Insurance Companies??? You have some wonderful Applicant's Attorneys near Rancho Santa Fe. I wouldn't close this without counsel, you could lose too much.

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Answered on 11/23/20, 5:03 pm

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