WorkInjury.com Forums

BILLYBABES58 · Joined: 21 Sep 2007 Posts: 2 Location: CALIFORNIA

[b][i]How does anyone get any type of settlement after all is said and done with workers compensation the way it is now, I am trying to figure out how if a QME evaluates you at say 2% for one part of your body but not for the other part that was injured , how does it work for say a compromise and release? [/i][/b]

joel geller · Joined: 18 Feb 2005 Posts: 20

Per the request of the web master consider this comentary section an Ann Landers type of section.

Also I haven't ranted in a while cause I just can't seem to put together all of the random chaotic thoughts that have been floating around in whats left of my mind. But like fine wine it shouldn't be consumed before it's time.

Any way answering the question regarding settlement and the fact that QME didn't consider a body part or injury, presuming you don't have an attorney, have your Premary treating Vetranarian prepare a comprehensive report that addresses all of the issues. Once you have that report file for a hearing via Dor.

You are not bound by the QME and can rely on the PTV.

If your PTV won't cooperate pick one that will.

Of course your best course of action would be to hire an attorney or at least consult with one.

If your determined to go it alone then --- a do it yourself workers' compensation book. In fact our webmaster has produced one that is very good and I'm sure he would be happy to ship you one for three easy payments.

Be advised that there is no right to a C and R as that is an option of the Insurance Carrier.

If you get an AWARD you can petition the court to force the IC to cash you out but you have to proove its for good reasons like a trip to las vegas to bet it all on the Chargers.

Bottom line try to get an attorney which is cheaper than a plumber these days. From the sound of it at 2% you really have nothing to loose by paying an attorney a small percentage to get you a fair or at least fairer settlement.

Before you do anything I would highly recommend that you read "GELLER'S RANTS" and read all of them. It's the best insight into workers comp in the world.

I hope this helps you, and any others who happen to read this.

Yours truly

The GMan