Closing workers comp claim in california.?

Sunday, January 31, 2010

By WcrAdmin

I AM CLOSING MY CASE OR COMING TO SOME AGREEMENT THIS WEEK WITHMY WORKER COMP CARRIER. INJURED MYSELF IN 2007 HAVE BEEN DENIED SINCE THAN I HAVE BEEN ON STATE DISABILITY FOR THE LAST YEAR BENEFITS JUST ENDED. MY TREATING DR GAVE ME THE RATING OF 20 PERCENT FOR MY BACK NECK AND ARMS. I HAVE A LAWYER WHO PISSES ME OFF AND DOESNT ANSWER MY QUESTIONS IF I FIRE HIM NOW I WILL HAVE TO WAIT ANOTHER 2 YEARS TO GET THIS FAR SO IM DEALING WITH IT I WANT TO CLOSE MY MEDICAL AND GET ON WITH MY LIFE I WANT TO KNOW WILL MY CURRENT MEDICAL INSURANCE I HAVE THRU MY HUSBAND WILL IT COVER ANY PROBLEMS IN THE FUTURE IF I CHOSE TO CLOSE MY MEDICAL..WHAT CAN I EXPECT TO SEE FOR 20 PERCENT MONEY WISE.. I AM BEHIND IN MY STUDENT LOANS AND MORTAGE PAYMENTS EVEN THOUGH MY HUSBAND WORKS ITS NOT ENOUGHT TO PAY FOR EVERYTHING AFTER MY INJURY. THE AME DR NEVER GAVE ME A RATING PLEASE TELL ME I DONT HAVE TO GO BACK TO THIS JERK OFF CUZ HE PISSED ME OFF AND TOOK 8 MONTHS TO SEE HIM. CAN ANYONE HELP ME??

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This entry was posted on Sunday, January 31st, 2010 at 1:13 pm and is filed under Worker Q & A. You can follow any responses to this entry through the RSS 2.0 feed.

Craziee Panda

January 31, 2010 at 1:27 pm

Assuming that there is no apportionment and your permanent disability rating is correct, 20% percent impairment is equivalent to $17365.00 in California. If you settle the case with a Stipulation Award with future medical open, the payments will be made at $230 per week for 75.5 weeks. (most insurance carriers pay bi-weekly so the checks typically will be $460). The numer of weeks changes if the carrier has already advanced you some PD.

I have no idea if your husband’s insurance will be enough to cover your medical needs due to the fact:
1.) I do not know what medical needs you have nor did you indicate the future treatment provisions stated and outlined by the AME.
2.) I don’t which health carrier your husband has nor do I know their policies. Each insurance company has their own rules and regulations.

If you want a lump sum settlement for a buy out of everything, that is called a Compromise & Release. How much that is worth is dependent on the value of the permanent disability and future medical. Since I have no information on what the AME states is your future treatment, I can’t even guess the range of this type of settlement.

Good luck. Hope everything works out.

#12487

anon

January 31, 2010 at 3:48 pm

NO…It would be extremely RARE for your personal health care
provider/coverage to cover treatement to a work related injury. IF
you are paid for future medical expense, you will have to prove you
have spent all of that money before Medicare/Medicade will pay
when/if you become eligible. If you have future medical needs, you
should not close the benefits in your comp claim.

#12506