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I have a 4% disability rating for my injured knee on workers comp had surgery. Waiting for the judge to sign paperwork. How much

Temecula, CA |

Had sugery for torn meniscus. What is the award for 4% disability.

Attorney Answers 8

Posted

Calculation of the 4% depends on whether the 4% is a whole person impairment (WPI) or whether it is the actual permanent disability rating. A 4% WPI would be adjusted for rank, occupation and your age on the date of your injury. The dollar value would also depend on your average weekly earnings at the time of your injury. The dollar value for 4% permanent disability for a maximum earner is only $2,760 without an adjustment for work accommodation. Much more information is needed to give you a dollar value that applies to your actual case. You need to have a competent WC attorney review the details of your case before you settle. Good luck.

Any person who makes or causes to be made any knowingly false or fraudeulent material statement or material represetation for the purpose of objtaining or denying wokres' compensation benefits or payments is guilty of a felony.

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Posted

We need additional information to give you an estimate. We also need what the doctor recommended as future medical. Did you see a QME/AME? Please don't tell me you are settling based on what the doctor insurance sent you... If so I would recommend that you withdraw the agreement and talk to an attorney ASAP to review your records. Good Luck!

Information provided is not legal advice and in no way creates a attorney/client relationship. Therefore no duties are owed to either party. www.getgreenlaw.com

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Posted

I suggest you consult with a local workers compensation attorney. Most offer free consultations. Best of luck..

Mr Martinous is licensed to practice law in RI, MA and FL. The laws of your jurisdiction may differ. This answer is for informational purposes only and is not to be considered legal advice. This answer in no way constitutes an attorney client relationship.

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Posted

Did you sign a Stipulation with Request for Award or a Compromise and Release?

IF a Stipulation, a 4% rating would be adjusted for age and occupation and the exact value of the permanent disability should be listed on the stipulations you signed. The defense has a right to subtract any permanent disability advances they made to you so you may not end up with much extra money in the end. A stipulated award is probably okay because you can file a petition for new and further disability up to five years past the date of injury should your knee get worse.

If you no longer work for the same employer, you were likely asked to sign a Compromise and Release. If that is the case, you want to immediately get an attorney and try to get that settlement revoked (before the judge approves it). An attorney can almost always negotiate a better settlement than a lay person can.

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Posted

You get weekly payments until the permanent disability is all paid. The higher the percentage, the larger the dollar amount. Four percent for a torn meniscus doesn`t pass the smell test for me. I`d discuss with an attorney to make sure you`re getting a fair settlement.

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Posted

Torn meniscus? Surgery? 4 percent? Signed papers? I sure don't like the smell of this! Recommend you contact Olga Mandel in La Mesa fora free consult.

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Posted

I have to wonder whether the 4% rating is close to appropriate. Given your problems with standing and walking, I suspect that the evaluating doctor did not fully consider more appropriate ways of rating your disability. Is this rating based on what your primary treating doctor reported, or did you also see a QME? If there are reports from both your doctor and a QME, do they both describe your impairment the same way? I also have to wonder about the apportionment of 50%. Was it fully explained?

You say that you are waiting for the judge to sign the paperwork. This leaves me even more confused, as you seem to be asking how much your 2% rating is worth. If you are waiting for the judge to approve your settlement, you have already signed settlement papers that spell out how much it is worth. If you have not already signed settlement documents, I would strongly urge you to go have a free consultation with an experienced workers' comp attorney before you try to settle your case. You should know now whether or not you are getting what you should be getting, and the best way to know that is with the help of a seasoned attorney. You can find good ones on this site, or at www.CAAA.org, the organization for attorneys in California who represent injured workers.

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Posted

If there is signed 'paperwork' YOU HAVE THE ANSWER IN FRONT OF YOU... so I don't think there is anything actually before a judge yet.

If you have signed Stipulations With Request for Award, the total due to you is listed ON PAGE 6 in the middle of Paragraph No. 3. Whatever that amount is (if you signed this), that's what the judge awards...
....UNLESS the judge decides that it is not adequate because the doctor wrote something wacky.

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