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Temporary disability on my WC claim has ended.The ins.co says that they have rated me at 2% Perm. as I am not yet Dr. rated.

Chico, CA |

I injured my left thumb in 2010 on the job and had surgery done on it in July of 2011. I have seen another surgeon who felt another procedure was needed and referred me to a hand specialist whom I saw in Oct. of 2012. he wants to do another procedure but is behind in paperwork so it is still pending his report. In the meantime my Temp. Disability just ended and the Ins. Co. has informed me that they have rated me at Perm. Disability of 2% as I am not yet Dr. rated. They capped the Perm. at approx. 800.00. I just received a list of QME Dr. that I have to choose from, all are in Chico, Ca. I have 5 days to do so. If I cash a check from the insurance co from the Perm. Disability of 2% does that mean I am stuck with that as a rating? I am afraid there is not enough time to find an attorney.

Attorney Answers 3

Posted

You should make time to talk to an attorney. That attorney might know which of the drs that are proposed are more likely to be friendly. They will also know if the 2 percent is reasonable and if you should get anything else, like disfigurement if available there.

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Posted

No. The Ins Co is obligated to advance their estimate of your disability. If it is later determined that you have more, you will get more. It is fairly unlikely that it will be a big case, but 5% might be better than 2%. There is no problem with cashing the PD checks that they send you.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

This is not a situation that you should be attempting to handle on your own. The deck is stacked against you and the best chance you have of getting a fair shake is to hire an experienced workers compensation attorney.

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