Will i receive a settlement award after my workman’s comp case closes in the state of California?
California Workman’s comp is having a doctor do orthoscopic surgery on both of my knees…I know i will be paid while off of work, but will i get a settlement award after my case closes?
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There’s no pain and suffering settlement, if that’s what you’re asking about.
Any kind of settlement, would be based on a permanent disability – and they’d have no idea what that is, until well after surgery is over, and they know how well you’ve healed.
~~In California will be compensated for the amount of loss of mobility, affect to your future estimated medical problems, etc. Allot can’t be known until you go through the surgeries and physical therapy.
Once all that is done to considered you medically healed (as in no further things can help), then they place you as permanent and stationary. You will be rated at this point and it has to do with age, range of motion, any future problems due to the type of work you are doing, etc.
If all goes well, you will receive a settlement, which releases them of all future medical care for the affected body parts. If you have to be retrained, or have suspected problems, then they can continue paying your medical care and keep you on P&S payments, they do not have to settle. Most of them over time will offer a settlement, they do not want to continue looking at future medical costs.~~
Wow, the confusion never ceases to amaze me. Once your PTP/doctor
determines your condition is stable, you are MMI, at that point,
you will be rated to disability/impairment. Calif uses the AMA 5th
edition for rating disabilites, that number is converted by using a
schedule as adopted by the DWC Administrative Director. A
predetermined number of week payments are given for each 1% of the
rating. ie a 10% PD/WPI would pay 40 weeks of indemnity. The rating
and indemnity are compensation for your reduced ability to compete
in the open labor market. That 10% example would mean there are 10%
of the jobs available you would not be qualified for due to your
impairment. There is NO guarantee or law that says you must be
offered a lump sum payment, or that you can be forced or force a
C&R settlement. The default settlement in Calif, and many other
states is continuing bi weekly payments until the indemnity award
has been fully paid, medical treatment remains open based on
medical necessity, the ACOEM/MTUS treatment guides and UR process.
Yet another great post. Just spend the better part of the morning
reading through your archives, thanks for all the time you put into
this site