Would there be an idea what an approximate rating would be for QME report restricting to semi-sedentary work & limited to 4 hrs per day? This is "old rules", DOI 2002. Rating manual says 60% for semi-sedentary, but about how much does the 4 hr/day limit add to the 60%?
Depends. When I do the rating, I need to include within the formula, your age and occupation as well. In addition, I need to make sure that there are no overlapping work restrictions as well. In addition, as an experienced Workers Compensation Attorney with almost 30 years in the insurance industry, my job is to look at other medical issues to include such as secondary medical problems you may have experienced as a result of the primary injury. This could be psychological (depression or anxiety), internal (gastritis or heart burn, high blood pressure or diabetes), neurological (headaches, dizziness of insomnia). Adding any of these symptoms could bring your total permanent disability rate over 70 percent thus allowing you to receive a pension for life. In addition, are you going to settle by way of Compromise and Release or by way of Stipulation leaving medical open for life? Do you understand the control the insurance carriers have medical control within the Utilization Review and Independent Medical Review programs? In short, I strongly suggest you consult with a experienced workers comp attorney. The standard fee is 15% of the settlement. It will be worth it. Good Luck!
Castillo & Associates
You probably have a 100% permanent disability case, but you almost certainly won't get it without having a competent, experienced attorney. If you don't already have one, go get a free consultation right away. You can find excellent attorneys on this site and at CAAA.org, the organization for attorneys who represent injured workers in California. Note that the difference in value between a 99% disability and 100% can be hundreds of thousands of dollars!
There may be other factors to consider but this could be a 100% case. The insurance will NEVER agree to 100%.....that's like pleading guilty to the death penalty....it doesn't get any worse. Recommend you use the "Find a Lawyer" tab at the top of this page to get a FREE consult with a top rated WC lawyer
You were provided excellent responses here. The best advice i could give is that you have a potentially very valuable case which is begging for representation. I have practiced law for 38 years. in that time I have only met one person who I thought was capable of representing himself in a serious injury case.
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