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**Shelli**

Hey!  I know you've been so helpful in this in the past so I thought maybe you'd have some wisdom on this...

Does $3,000 for 10% disability seem right to you?

Re: **Shelli**

  • That depends on a lot of factors!  Like age and occupation at time of the injury. I'm assuming it was your shoulder right?  Did the injury occur to your dominant arm?  What was your occupation at the time of injury and would you be able to perform the same duties prior to your injury.  Factors like that.

    Did they offer you that for a C&R (Compromise and Release)? 

  • imageCatalina Island Bound:

    That depends on a lot of factors!  Like age and occupation at time of the injury. I'm assuming it was your shoulder right?  Did the injury occur to your dominant arm?  What was your occupation at the time of injury and would you be able to perform the same duties prior to your injury.  Factors like that.

    Did they offer you that for a C&R (Compromise and Release)? 

    I was working as an educator at an animal center.  I am permanently disabled- they've determined that the main problem is actually a spinal cord injury and surgery on that would mean a 50/50 chance of coming out paralyzed so I said No (and my doctor wouldn't do it anyway).  I will never be able to do that job or the job I am most qualified to do (outdoor education) since it's a physical job.

    I write with my left hand but am considered ambidextrous since I do everything else with my right (golf, tennis, baseball, etc.).

  • Quite honestly, if they've determined you Permanently Disabled and it has to do with a Spinal Cord Injury I wouldn't accept the 10% disability they offered.  Are you kidding me?  Any injury that associated with the Spinal Cord in any way, shape or form is worth more than the $3,000 they're offering you.  Especially when they're giving you a 50/50 chance of coming out of it paralyzed. 

    By accepting the 10% PD and signing a Compromise and Release means that you're accepting the $3,000 they're offering and it's done.  So, if 5 years down the road that injury flares up, THEY ARE NOT OBLIGATED AT ALL to pay for any medical treatment whatsoever.  Remember, you're RELEASING them of any further obligation with regard to that specific injury.  If you happen to re-injure that part of your body again while in the scope and practice of any future jobs, and go thru Workers' Compensation again, they would apportion a good chunk of that injury to your previous injury and it wouldn't be worth much at all.

    If you're okay with those terms that are in the C&R, and feel that the 10% PD is adequate, than accepting their offer is fine.  Me, personally, I wouldn't accept it.

  • OK, thank you for affirming that!  I was PISSED when they sent me the form that said $3,000!  I couldn't believe that's all they were offering considering my doctors have said this was one of the worst shoulder injury in anyone my age they'd ever seen.  And my lost wages alone were $20,000.  I know WC doesn't cover lost wages even in a settlement but still, paying that small of a fraction of that for it seemed a little ridiculous to me.  I thought they'd come in with some low ball agreement (maybe $8,000 or so), but nothing THAT low.  Luckily I have my lawyers on the case so hopefully this gets figured out soon. 

    Oh, the insurance company also missed a payment this past week and are trying to suddenly pull a few fast ones on us, like typing up the agreement May 14th that says "You have 10 days to respond or we'll assume this is acceptable" and then not mailing it until June 15th and then mailing it to me not my lawyer like they're supposed to.  Grrrrr!

    Anyway, thanks!  I'll keep on fighting it!

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