Tustin, CA asked in Workers' Compensation for California

Q: If I had shoulder surgery, will I get more for my workman’s comp settlement?

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2 Lawyer Answers
Domingo R. Castillo
Domingo R. Castillo
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Pomona , CA
  • Licensed in California

A: It all depends in the medical reports, final diagnosis, prognosis, impairment ratings, restrictions, and many other important factors that can be addressed by your workers' compensation attorney. In addition, the insurance adjuster has the right to obtain a state panel qualified medical examiner to give an opinion as well. The adjuster will do everything in their power to minimize their exposure and thus, the value of your claim. Speak to your attorney about it. Good luck.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: NO. Just 'having surgery' is NOT the measure of Whole Person IMpairment. Whole Person Impairment (the 'thing' that leads to Permanent Disability) is measured by the impacts of the final disability on your Activities of Daily Living. We have no such animal as 'Pain & Suffering' in Workers Comp so there is no 'reward' for getting 3 surgeries. I sit down with clients before their final MMI eval and before each QME Eval to go through their Activities of Daily Living so they all the freaky adjustments to their lives to cope with the pain and loss of movement...GET AN ATTORNEY THERE IN THE O.C. THAT DOES THAT (e.g. tom martin).

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