Workers Comp Settlement

[ali cat]

My question involves workers compensation law for the state of: Arizona

Almost two years ago I was injured at work. My right foot was severely injured by a student. After 9 months of getting the run-around, workers comp finally agreed to the necessary surgery to help with some of the pain. I missed 6 weeks of work and spent another 4 weeks working half days. As a school teacher, I have managed to continue working but have had a difficult time maintaining my same work schedule of long hours and evenings.

Now comp and my doctor have decided to close my claim. Two days after the claim was closed I received paperwork from comp stating that my foot was 6% permanently disabled and they would pay me $1,500 a month for three months. I must wear special shoes and am allowed to see the doctor 2 times in the next 2 years if necessary.

Does this seem right? I have never been through this before and am just curious if this seems like a fair settlement, or if it even is a settlement. It was never worded as such!

Thanks!

[PattyPA]

You need a work comp attorney to advocate on your behalf. You should have had one long before now.

[ali cat]

I do have an attorney. I was trying to get a second opinion, or some advice. Thanks!

[PattyPA]

It would be imprudent of us to try to second guess your attorney, who has all the details of your case. That's what you're paying him/her for.

I will tell you that I have been on Work Comp one time in my 35-year career, and my attorney got me 25% more in the settlement than was originally offerred with no problems.

[ChristianWillis]

Workers Compensation Settlements
There are two types of settlements in a workers' compensation case. They are called a predetermined Finding and Award and cooperation and free. A predetermined Finding and Award is an agreement which reaches the same decisions that a judge would make after a trial. A Compromise and Release completely closes the case.

What is a Stipulated Finding and Award?
A "Finding and Award" is what the judge's decision is called. A predetermined Finding and Award" is a concurrence that has the same effect as the judge's decision. It is entered into voluntarily by both sides rather than being compulsory on the parties by the judge.

What is a Compromise and Release?
A Compromise and free closes the entire case and eliminates the need for payments over time. It also closes any right to future medical care. If you have a right to future medical care but would rather pay for it yourself or have some other means such as other health insurance to pay for it, then you may want to consider a cooperation and Release. If you close your future medical care, you are usually remunerated to some degree for relieving the insurance company of having to pay for future medical care. Most applicants prefer to have their case be totally over if there is no definite need for continuing medical care.

[Mr. Knowitall]

On the other hand, most insurance companies prefer that a case be closed out if there's a chance of a need for continuing medical care. Insurance companies don't settle because they're nice - they benefit from closing out files and avoiding potential future costs that could exceed the value of the settlement.

[eerelations]

Workers Compensation Settlements
There are two types of settlements in a workers' compensation case. They are called a predetermined Finding and Award and cooperation and free. A predetermined Finding and Award is an agreement which reaches the same decisions that a judge would make after a trial. A Compromise and Release completely closes the case.

What is a Stipulated Finding and Award?
A "Finding and Award" is what the judge's decision is called. A predetermined Finding and Award" is a concurrence that has the same effect as the judge's decision. It is entered into voluntarily by both sides rather than being compulsory on the parties by the judge.

What is a Compromise and Release?
A Compromise and free closes the entire case and eliminates the need for payments over time. It also closes any right to future medical care. If you have a right to future medical care but would rather pay for it yourself or have some other means such as other health insurance to pay for it, then you may want to consider a cooperation and Release. If you close your future medical care, you are usually remunerated to some degree for relieving the insurance company of having to pay for future medical care. Most applicants prefer to have their case be totally over if there is no definite need for continuing medical care.

Please explain (in your own words - for once!) how this answers the OP's question. If you can't do this, then please remove it immediately.

[ali cat]

Thanks for the advice! I believe that comp is closing the claim to avoid any future medical. I believe my doctor (who was their doctor) was pressured into closing the claim early so they could be done with it. I will have the option of having two doctors visits in the next two years paid for by them, but nothing more medically. My foot still swells daily, and the four secondary toes on my right foot do not move or bend at all. I have great difficulty climbing stairs, stepping onto step stools or busses without assistance, walking long distances and can not run or jump at all---basically anything that would require me to use my toes or front part of my foot.

I just wish I knew how to proceed. My attorney wants me to pay for an independent medical exam from a new doctor to dispute the disability rating. I'm just not sure if throwing more money away on this is a good idea...but I am concerned about future medical costs for this injury.