Settlement Archives - Workers Comp Attorney| Franco Munoz https://francomunoz.com/category/settlement/ Best Workers Compensation Lawyers Sat, 18 Apr 2026 14:29:53 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.2 https://francomunoz.com/wp-content/uploads/2024/05/favicon.png Settlement Archives - Workers Comp Attorney| Franco Munoz https://francomunoz.com/category/settlement/ 32 32 How to Prove 100% Permanent Disability in California Workers’ Compensation Cases https://francomunoz.com/how-to-prove-100-permanent-disability-in-california-workers-compensation-cases/ Sat, 18 Apr 2026 13:01:45 +0000 https://francomunoz.com/?p=2065 By Steve FrancoThis article provides important information about 100% permanent disability workers compensation in California. In fact, understanding 100% permanent disability workers compensation California requirements is crucial if you have suffered a disabling work injury. If you’ve suffered a serious work injury, one of the most important questions is whether you qualify for 100% permanent […]

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By Steve FrancoThis article provides important information about 100% permanent disability workers compensation in California. In fact, understanding 100% permanent disability workers compensation California requirements is crucial if you have suffered a disabling work injury.

If you’ve suffered a serious work injury, one of the most important questions is whether you qualify for 100% permanent disability. In California workers’ compensation cases, a 100% rating means you are considered totally disabled—and entitled to the highest level of compensation available under the law. Additionally, workers often have questions about the criteria for 100% permanent disability workers compensation California provides.

At Franco Muñoz Law Firm, we’ve helped many injured workers build strong cases to prove total disability. But this doesn’t happen automatically. You need strategy, strong evidence, and the right legal approach.

Below are the five key steps to proving 100% permanent disability in your case. Remember, if you are seeking 100% permanent disability workers compensation California legal advice, consulting an experienced attorney is wise.

1. Obtain Strong Medical Reports

Everything starts with the medical evidence.

To prove 100% disability, your doctor must clearly explain:

  • Your diagnosis
  • Your work restrictions
  • Your functional limitations
  • Why you cannot return to work

In California, medical reports must meet a high standard. They need to be detailed, well-reasoned, and based on objective findings. A weak report—even in a serious case—can significantly reduce the value of your claim. Ultimately, achieving 100% permanent disability workers compensation California status depends on strong, credible medical evidence.

For more insight, see our guide on how to determine the level of disability for a back injury in workers’ compensation cases.

2. Work With a Vocational Expert

Medical reports alone are often not enough to prove total disability.

A vocational expert evaluates whether you can realistically work in the open labor market. They consider:

  • Your physical limitations
  • Your education and skills
  • Whether retraining is feasible

If the expert concludes that you are not employable, this can be one of the most powerful pieces of evidence in your case.

3. Apply Key Legal Doctrines (LeBoeuf & Labor Code §4662)

There are important legal pathways that can help you reach a 100% disability finding.

LeBoeuf Doctrine

Even if your rating is not technically 100%, you may still be considered totally disabled if you cannot benefit from retraining or compete for jobs.

Labor Code §4662

This law provides automatic findings of total disability in certain extreme cases, such as:

  • Loss of both hands
  • Loss of vision
  • Severe brain injuries

Even if your case doesn’t fall into these categories, your attorney can still argue total disability using a combination of medical and vocational evidence.

4. Prepare a Strong Case for the Judge

If your case goes to trial, preparation is everything.

You must present:

  • Clear and consistent medical opinions
  • Strong vocational evidence
  • Credible testimony about your limitations

Judges look closely at whether your case is well-documented and consistent. Even small inconsistencies can weaken your claim.

Learn more about building strong medical evidence in our article on the importance of accurate impairment evaluation.

5. Negotiate a Settlement or Go to Trial

Once your case is fully developed, the final step is resolution.

Settlement (Compromise & Release)

Most clients choose this option because:

  • You receive a lump sum
  • You close your case
  • You gain financial control and move forward

Trial

If the insurance company refuses to offer fair compensation, your case may go to trial, where a judge determines whether you are 100% disabled.

You can explore settlement strategies in our article on how to close your workers’ comp case.

Why Proving 100% Disability Matters

A 100% permanent disability finding can provide:

  • Long-term or lifetime financial support
  • Access to continued medical care
  • Greater financial security for you and your family

But insurance companies fight these cases aggressively. That’s why building a strong, well-supported case is critical. Notably, workers facing 100% permanent disability workers compensation California cases need expert guidance throughout the process.

Final Thoughts

Proving 100% permanent disability is not easy—but it is absolutely possible with the right strategy.

At Franco Muñoz Law Firm, we focus on presenting clear, compelling evidence that shows the true impact of your injury on your ability to work and live your life.

If you believe you may qualify for total disability, don’t wait.

Call us at (667) 350-1072 to discuss your case.

About the Author

Steve Franco is a workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. He has helped injured workers throughout California recover six-figure and million-dollar settlements by building strong, evidence-driven cases focused on maximizing compensation.

Learn more about Steve Franco here.

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How to Close Your Workers’ Compensation Case as 2025 Wraps Up: Planning for 2026 https://francomunoz.com/how-to-close-your-workers-compensation-case-as-2025-wraps-up-planning-for-2026/ Mon, 15 Dec 2025 00:53:28 +0000 https://francomunoz.com/?p=1650 By Steve Franco As 2025 draws to a close, it’s time to reflect on the progress of your workers’ compensation case. Whether you’ve made strides in your recovery, faced challenges with treatment approvals, or remained in ongoing negotiations, December is the perfect time to take stock of your case. The transition into a new year […]

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By Steve Franco

As 2025 draws to a close, it’s time to reflect on the progress of your workers’ compensation case. Whether you’ve made strides in your recovery, faced challenges with treatment approvals, or remained in ongoing negotiations, December is the perfect time to take stock of your case. The transition into a new year brings an opportunity to evaluate where you stand and whether settling your case in 2026 might be the right decision for you.

How Has 2025 Shaped Your Case?

Every workers’ compensation case is unique, and your experience in 2025 has likely been shaped by several factors:

  • Progress in Treatment: Have you reached maximum medical improvement (MMI), or are you still undergoing treatment? Your recovery status can influence whether it’s the right time to settle.
  • Permanent Disability Ratings: If your condition has stabilized, you may have received a permanent disability rating. Understanding this rating is critical when negotiating a settlement.
  • Delays or Disputes: If 2025 has brought delays in approvals for medical care or disputes over benefits, you may be eager to resolve your case and move forward.

Reflecting on these factors can help you determine whether settling your case in 2026 aligns with your goals.

Things to Consider When Settling in 2026

If you’re thinking about closing your case in the new year, there are several key factors to consider:

  1. Compromise and Release (C&R)
    A C&R is often the preferred option for workers who want to take control of their future. By accepting a lump-sum settlement, you resolve your claim entirely and gain financial flexibility.

    • Advantages: Immediate funds, freedom to choose your own medical providers, and closure.
    • Disadvantages: You waive your right to future benefits for the same injury, so planning for medical costs is essential.
  2. Stipulations with Request for Award (Stipulated Award)
    This option may be better for those who need ongoing medical care through workers’ compensation. You can continue receiving periodic disability payments and retain the right to reopen your claim if your condition worsens.
  3. Trial and Award
    If negotiations haven’t yielded an agreement, a trial might be necessary. While this option can secure ongoing benefits, it involves less control and greater uncertainty about the outcome.

Why the End of the Year is a Good Time to Settle

Settling your case at the end of the year has practical and emotional benefits:

  • Financial Planning for 2026: A settlement can provide financial stability as you plan for the year ahead, whether that means covering medical expenses, paying off debts, or investing in your future.
  • Closure and Peace of Mind: Wrapping up your case as the year ends allows you to start 2026 with a fresh perspective and fewer legal concerns.
  • Leverage in Negotiations: Insurance companies may be more willing to settle cases quickly as they close out their own end-of-year accounting, giving you potential leverage in negotiations.

How to Decide What’s Best for You

The decision to settle your case depends on your unique circumstances:

  • Are you financially prepared to handle future medical care if you choose a C&R?
  • Do you value the certainty of periodic payments and access to workers’ compensation-approved care?
  • Are you ready for the emotional and legal closure that comes with settling?

At Franco Muñoz, we understand the complexities of workers’ compensation cases and are here to help you evaluate your options. Whether you choose to settle now or continue pursuing benefits, our team will work with you to ensure your decisions are informed and aligned with your goals.

Get Help Closing Your Case in 2026

As 2025 comes to an end, now is the time to take control of your workers’ compensation case. At Franco Muñoz, we have the experience and expertise to guide you through every step of the process. Contact us today at (667) 350-1072 or visit www.francomunoz.com to schedule a free consultation. Let’s make 2026 the year you move forward with confidence.

About the Author: Steve Franco

Steve Franco is a dedicated workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. Renowned for securing six-figure and million-dollar settlements, Steve is committed to advocating for injured workers. He was honored with the Distinguished Leadership Award at the 2024 California Legal Awards for his exceptional achievements and commitment to justice.

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How to Close Your Workers’ Compensation Case in 2025: What You Need to Know in a Changing World https://francomunoz.com/how-to-close-your-workers-compensation-case-in-2025-what-you-need-to-know-in-a-changing-world/ Tue, 14 Jan 2025 00:00:16 +0000 https://francomunoz.com/?p=1646 By Steve Franco As 2025 unfolds, the workers’ compensation landscape remains a critical issue for injured workers seeking resolution for their cases. With the transition of presidential power from Joe Biden to Donald Trump on January 20th, 2025, many are wondering how this shift might impact their claims. While federal policies generally don’t dictate the […]

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By Steve Franco

As 2025 unfolds, the workers’ compensation landscape remains a critical issue for injured workers seeking resolution for their cases. With the transition of presidential power from Joe Biden to Donald Trump on January 20th, 2025, many are wondering how this shift might impact their claims. While federal policies generally don’t dictate the details of workers’ compensation cases—which are governed by state law—the broader economic and political context can influence decision-making for injured workers.

If you’re considering how to close your workers’ compensation case in 2024, it’s essential to understand your options and how to navigate this dynamic environment. For many, a Compromise and Release (C&R) remains the preferred way to settle. Let’s explore the options available and why a C&R might be the best choice for you.

Understanding a Compromise and Release (C&R)

A C&R is a legal settlement where you agree to resolve your workers’ compensation claim in exchange for a lump-sum payment. This payment typically covers your permanent disability benefits and estimated costs for future medical care. Once you accept a C&R, your case is closed, and the insurance company is no longer responsible for any future claims related to the injury.

One of the most appealing aspects of a C&R is the control it gives you. Rather than waiting for medical approvals or navigating the complexities of workers’ compensation bureaucracy, you can manage your medical treatment and financial needs on your terms.

Why C&R Is a Popular Choice in 2025

The start of a new administration brings both optimism and uncertainty, making financial stability a top priority for many workers. A C&R offers:

  • Immediate Financial Relief: With a lump-sum payment, you can address pressing needs such as medical bills, household expenses, or debt payments.
  • Freedom in Medical Care: You’re no longer limited to the workers’ compensation system, which often involves delays and restrictions. Instead, you can choose the providers and treatments that work best for you.
  • Closure and Peace of Mind: A C&R ends your case, sparing you the stress of ongoing disputes or hearings.

As economic policies under the new administration unfold, workers may feel additional pressure to secure their financial futures. While these changes won’t directly affect your claim, they may influence your personal priorities and the timing of your decision.

Alternative Ways to Close Your Case

If a C&R doesn’t align with your needs, there are other options to consider:

  1. Stipulations with Request for Award (Stipulated Award): This option allows you to receive periodic payments for your permanent disability while retaining access to future medical care through workers’ compensation. It also leaves the door open to revisit your claim if your condition worsens within five years.
  2. Trial and Award: If you and the insurance company cannot agree, a judge will decide your case. This process can secure ongoing benefits, but it may take longer and involve greater uncertainty.

How Recent Political Changes Might Impact Workers’ Compensation

While workers’ compensation laws are state-specific and unlikely to change immediately under the new administration, broader economic policies can indirectly affect injured workers. For example:

  • Healthcare Accessibility: Changes to healthcare policy may influence your decisions about future medical care outside of the workers’ compensation system.
  • Economic Trends: Fluctuations in the job market or inflation could impact your financial planning, making a lump-sum settlement more or less appealing.
  • Regulatory Focus: A new administration might emphasize different priorities, such as supporting small businesses, which could indirectly affect employer practices and insurance company strategies.

Making the Best Decision for You

Choosing how to close your workers’ compensation case in 2024 depends on several factors, including:

  • The severity and long-term impact of your injury.
  • Your financial needs and stability.
  • Your preferences for managing medical treatment.
  • Your comfort with risk and uncertainty in the claims process.

At Franco Muñoz, we believe that every case is unique. Our experienced attorneys are here to help you weigh the pros and cons of each option and guide you toward a resolution that aligns with your goals.

Take Control of Your Case in 2025

As the political and economic landscape evolves, it’s more important than ever to make informed decisions about your workers’ compensation case. At Franco Muñoz, we have a proven track record of helping injured workers navigate their claims and achieve outcomes that work for them. Contact us today at (667) 350-1072 or visit www.francomunoz.com to schedule a free consultation. Together, we’ll find the best solution for your future.

About the Author: Steve Franco

Steve Franco is a highly accomplished workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. Known for securing six-figure and million-dollar settlements for his clients, Steve is dedicated to protecting the rights of injured workers. He was honored with the Distinguished Leadership Award at the 2024 California Legal Awards for his exceptional advocacy and leadership in the legal field.

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California Workers Comp Settlement Chart: How Much Does Workers’ Comp Pay? https://francomunoz.com/how-much-is-my-workers-comp-case-worth-in-california/ Wed, 24 Jul 2024 12:54:35 +0000 https://francomunoz.com/?p=1417 California Workers Comp Settlement Chart: How Much Does Workers’ Comp Pay? BY RENE MUNOZ (Updated in January 2026) When you suffer an injury at work, one of the first questions you might ask is, How much is my workers’ comp case worth? Understanding the potential value of your workers’ compensation settlement can help you make informed […]

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California Workers Comp Settlement Chart: How Much Does Workers’ Comp Pay?

BY RENE MUNOZ (Updated in January 2026)

When you suffer an injury at work, one of the first questions you might ask is, How much is my workers’ comp case worth? Understanding the potential value of your workers’ compensation settlement can help you make informed decisions. This guide will explain the key factors affecting your claim, the two primary ways to settle your case, and how the California workers comp settlement chart plays a role in determining your payout.

How Much Does Workers’ Comp Pay in California?

The value of a workers’ comp claim depends on several factors, including:

  1. Medical Expenses: Covers hospital stays, surgeries, physical therapy, and any necessary treatments for recovery.
  2. Lost Wages & Disability Payments: Workers’ comp pays for lost wages through temporary disability benefits and permanent disability benefits based on your permanent disability rating.
  3. Future Medical Costs: If ongoing treatment is needed, settlement negotiations must account for these future medical expenses.
  4. Vocational Rehabilitation: If you cannot return to your old job, you may qualify for Supplemental Job Displacement Benefits.

Workers’ Comp Settlement Options in California

There are two primary ways to settle a workers’ comp case:

1. Compromise and Release (C&R)

This option provides a lump-sum settlement in exchange for closing your case permanently.

  • Pros: Quick payout, no ongoing negotiations.
  • Cons: You waive your right to future medical treatment under workers’ comp.

2. Stipulated Findings and Award (SFA)

In an SFA settlement, you receive structured payments and keep your right to future medical care.

  • Pros: Ongoing medical coverage, structured disability payments.
  • Cons: No lump sum, payments are spread over time.

California Workers Comp Settlement Chart (2024)

The workers’ comp settlement chart determines payout amounts based on your permanent disability rating and average weekly wage (SAWW). Below is an excerpt:

Disability % 2024 PD Maximum
1% $870
2% $1,740
3% $2,610
98% $255,562.50
99% $260,202.50

Key Considerations for Your Settlement

When negotiating your workers’ comp settlement amount, consider:

  • Severity of Injury: Higher disability ratings typically lead to larger settlements.
  • Future Medical Needs: If ongoing care is required, an SFA may be a better option.
  • Average Weekly Wage (SAWW): Your pre-injury earnings impact your disability benefits.
  • Dependents & Death Benefits: If an injured worker dies, their family may receive partial dependents’ compensation.

FAQs: California Workers’ Compensation Settlement

How long does it take to get a workers’ comp settlement in California?

Settlements can take several months to over a year depending on case complexity, medical evaluations, and negotiations.

What is the maximum payout for permanent disability?

The maximum payout for permanent disability in California varies based on your rating and the California workers comp settlement chart.

Can I negotiate my settlement amount?

Yes. An experienced workers’ comp attorney can help negotiate a higher payout and ensure future medical costs are considered.

Get Help With Your Workers’ Comp Settlement

Understanding how much your workers’ comp case is worth is critical to ensuring you receive the right benefits. At Franco Muñoz Law Firm, our attorneys help injured workers maximize their settlements and navigate California’s workers’ compensation lawsCall us at (667) 350-1072 for a free consultation.  We’ll help you secure the best possible outcome for your case.


For more information, visit Rene Munoz’s bio and explore our workers’ compensation resources.

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How to Close Your Workers’ Compensation Case https://francomunoz.com/how-to-close-your-workers-compensation-case/ Tue, 23 Jul 2024 15:56:26 +0000 https://francomunoz.com/?p=1411 By Estela Barajas Navigating the workers’ compensation process can be complex and overwhelming, especially when it’s time to close your case. Whether you’re aiming to maximize your benefits or seeking a swift resolution, understanding the options and procedures is crucial. Here, we’ll guide you through the steps to close your workers’ compensation case in California. […]

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By Estela Barajas

Navigating the workers’ compensation process can be complex and overwhelming, especially when it’s time to close your case. Whether you’re aiming to maximize your benefits or seeking a swift resolution, understanding the options and procedures is crucial. Here, we’ll guide you through the steps to close your workers’ compensation case in California.

1. Understanding Your Settlement Options

In California, there are two primary ways to settle your workers’ compensation case:

Compromise and Release (C&R)

A Compromise and Release is a lump-sum settlement where you receive a one-time payment to close your case. This option typically results in a faster resolution but requires you to waive future rights to medical care related to your injury. It’s a good option if you prefer a clean break and immediate access to funds.

Stipulated Findings and Award (SFA)

A Stipulated Findings and Award involves an agreement on the level of permanent disability and future medical care. This settlement is usually structured to provide periodic payments for your disability and ongoing medical treatment. This option can be beneficial if you anticipate needing continued medical care for your injury.

2. Negotiating Your Settlement

Before you agree to a settlement, it’s essential to ensure you’re receiving fair compensation. Here are steps to help you negotiate effectively:

Assess the Value of Your Case

Evaluate all aspects of your injury, including medical expenses, lost wages, and any permanent disability. It’s crucial to consider future medical costs and potential impacts on your earning capacity.

Consult with an Attorney

A workers’ compensation attorney can provide invaluable assistance during negotiations. They can help you understand the nuances of your case, negotiate with the insurance company on your behalf, and ensure your settlement is fair and comprehensive.

Review Medical Evidence

Ensure all medical reports accurately reflect the extent of your injuries and future medical needs. Inaccurate or incomplete medical evidence can significantly impact your settlement amount.

3. Submitting Your Settlement for Approval

Once you’ve agreed on a settlement, it must be submitted to the Workers’ Compensation Appeals Board (WCAB) for approval. The WCAB will review the settlement to ensure it’s fair and in your best interest. Here’s what to expect during this process:

Filing the Settlement Documents

Your attorney or the insurance company will file the necessary documents with the WCAB. This includes the settlement agreement and supporting medical evidence.

Judicial Review

A workers’ compensation judge will review the settlement to ensure it adequately covers your medical expenses and compensation for your disability. If the judge finds any discrepancies or inadequacies, they may request additional information or modifications.

Approval or Rejection

If the judge approves the settlement, it becomes legally binding. If rejected, you may need to renegotiate or provide further evidence to support your case.

4. Final Steps After Settlement Approval

After your settlement is approved, there are a few final steps to complete the process:

Receiving Your Payment

For a C&R settlement, you will receive a lump-sum payment. For an SFA settlement, you will begin receiving periodic payments and coverage for medical expenses as outlined in the agreement.

Monitoring Your Medical Care

If your settlement includes future medical care, stay vigilant in monitoring your treatment. Keep records of all medical visits and expenses to ensure they are covered as agreed.

Addressing Any Issues

If any issues arise regarding your settlement or medical care, contact your attorney immediately. They can assist in resolving disputes and ensuring you receive the benefits you are entitled to.

Conclusion

Closing your workers’ compensation case involves careful consideration and strategic negotiation. By understanding your settlement options, negotiating effectively, and following the proper procedures, you can achieve a fair and satisfactory resolution. If you need assistance, consulting with a knowledgeable workers’ compensation attorney can provide the guidance and support necessary to navigate this complex process successfully.

Contact Us for Expert Legal Help

If you’re ready to close your workers’ compensation case and ensure you receive the benefits you deserve, don’t hesitate to contact us. At Franco Muñoz Law Firm, our experienced attorneys are dedicated to helping you every step of the way. Call us today at (667) 350-1072 or visit our website to schedule a consultation. Let us help you secure the best possible outcome for your case.

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Rene Muñoz Wins $1.85 Million for Injured Tesla Automobile Worker https://francomunoz.com/rene-munoz-wins-1-85-million-for-injured-tesla-automobile-worker/ Tue, 20 Dec 2022 00:14:20 +0000 https://francomunoz.com/?p=678 Rene Munoz fights for Tesla worker’s rights and gets $1,850,000.00 for his client. Michael M. was working on the assembly line on January 24, 2019. While he was working, a car skipped out of the assembly line and struck Michael’s right knee. He was evaluated by the onsite nurse, given an icepack and returned to […]

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Rene Munoz fights for Tesla worker’s rights and gets $1,850,000.00 for his client.

Michael M. was working on the assembly line on January 24, 2019. While he was working, a car skipped out of the assembly line and struck Michael’s right knee. He was evaluated by the onsite nurse, given an icepack and returned to full duty the same day. The next day, Michael still felt pain and went back to the company clinic and was given an ace bandage and knee sleeve. He was given work restrictions and sent back on the floor.

After a few days, Michael couldn’t take it anymore and reached out to the Law offices of Franco Muñoz .

Franco Muñoz  Law switched his doctors to a new Primary Treating Physician where it turned out Michael needed surgery.

Rene Muñoz

The initial offer by the insurance company was $70,000.00 but Franco Muñoz turned it down because it didn’t seem like an appropriate settlement given the severity of the injuries which ultimately began to involve other body parts including his back.

After the surgery to Michael’s knee, complications arose and Michael ended up suffering a blood clot that entered his lungs because the insurance company delay his physical therapy.

Ultimately, after three years of negotiations and obtaining several medical expert opinions, Rene Muñoz was able to secure a final settlement of $1,850,000.00.

“It can take a while for cases to be resolved, but it is important to achieve a positive outcome,” said Muñoz . “The man, who has two children at home and is completely disabled, was very relieved to see justice served in his favor.”

Judge Howell of the Oakland Workers’ Compensation Appeals Board approved the settlement.

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Franco Munoz Law Firm Wins $1.6 Million Award for Client in Workers’ Comp Case https://francomunoz.com/franco-munoz-law-firm-wins-1-6-million-award-for-client-in-workers-comp-case/ Thu, 13 Feb 2020 05:43:52 +0000 https://francomunoz.com/?p=466 Pipefitter Michael Killian led a healthy and vigorous life until one day in 2007 when he could no longer continue working. He had worked as a pipefitter for the employer from 1995 through 2007. In the course of his career, he was exposed to various dust particles in the course and scope of his employment […]

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Pipefitter Michael Killian led a healthy and vigorous life until one day in 2007 when he could no longer continue working. He had worked as a pipefitter for the employer from 1995 through 2007. In the course of his career, he was exposed to various dust particles in the course and scope of his employment while working at various refineries throughout Northern California. He was ultimately evaluated by a Qualified Medical Evaluator that determined that he developed interstitial pneumonitis which resulted in a lung transplant. During his surgery, Mr. Killian claimed he developed cognitive deficiencies and a brain injury as a result of the incident. The QME found that Mr. Killian suffered at 87 percent permanent disability per the Permanent Disability Rating Schedule.

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Attorney Rene Munoz represented Mr. Killian and contended that he suffered a work-related injury that rendered him 100 percent disabled not amenable to rehabilitation as the PDRS schedule was rebutted based on the reporting of a vocational rehabilitation expert. Consequently, applicant contended that he was entitled to two thirds of his average weekly wage for the remainder of his life in addition to medical treatment.

The insurance company contended that the PDRS had not been rebutted and that applicant’s level impairment stood at 87 percent not 100 percent. Thus, the insurance carrier contended that our client was not entitled to two thirds of his average weekly wage for the remainder of his life. Further, the defendants also did not concede the brain injury was industrial.

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Ultimately, Rene Munoz was succefful and Judge Eugene Gogerman in the San Francisco Workers’ Compensation Appeals Board ultimately approved a settlement of $1.6 million which is structured to pay out life-long monthly payments to our client.

“I went to law school to represent the rights and interests of the hardest working people in society,” Mr. Munoz concludes. “To provide these victories for people like Mr. Killian is what our law firm is here to do.”

If you think you have suffered a serious injury to your lungs, heart, or brain, feel free to contact our law firm for a free consultation at (667) 350-1072. A workers’ comp lawyer is available to talk with you.

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Can you tell me the two main ways to settle my workers’ comp case? https://francomunoz.com/can-you-tell-me-the-two-main-ways-to-settle-my-workers-comp-case/ Tue, 09 Oct 2018 05:19:54 +0000 https://francomunoz.com/?p=436 If you’re a California injured worker, you have two main options in settling your case when the time is right. You can either settle by a Stipulated Award (Stips) or by Compromise and Release (C&R). There are upsides and downsides to each but you should know your options. 1) STIPULATED FINDINGS AND AWARD Once there […]

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If you’re a California injured worker, you have two main options in settling your case when the time is right.

You can either settle by a Stipulated Award (Stips) or by Compromise and Release (C&R). There are upsides and downsides to each but you should know your options.

1) STIPULATED FINDINGS AND AWARD

Once there is a determination that you have suffered permanent disability as determined by an Agreed Medical Examiner (AME) or Panel Qualified Evaluator (QME), A rating is used to determine the value of your claim by converting a Whole Person Impairment into a Permanent Disability (PD) percentage. There is a schedule in the California Labor Code that correspondS the PD value to a dollar amount.

If everyone in the case is in agreement as to the rating or value of the PD, the parties can enter into a written agreement requesting that an award be made without further court hearings. Here, the injured worker would be entitled to future medical care for injuries or ill caused by the workers’ comp injury.

If you and the employer, carrier or agent accept the rating, written agreements may be submitted to the Workers’ Compensation Appeals Board (WCAB) requesting that an Award be made without the need for a court hearing. We recommend this option when the rating is not disputed, and you have a need for future medical care. A Workers’ Compensation Judge will review the stipulations and issue an award.

WHAT ARE THE ADVANTAGES TO ENTERING A STIPS?

There are upsides to a stipulated award:

Most importantly, is that you’re still covered for your work-related illness or injury for life within the workers’ compensation system. Many injured workers find comfort in knowing that they will never have to pay any out of pocket expenses for their future medical care.

In addition, if your condition becomes worse, a stipulated award allows you to request additional payments within 5 years of the date of your injury. Once the 5th anniversary of your date of injury lapses, however, this may not be an option once your injury is more than 5 years old.

WHAT ARE THE DISADVANTAGES OF DOING A STIPS?

You normally will not receive a lump sum payment, but will receive your benefits in payments every two weeks. This can change if you show a judge that it is in your best interest to receive a lump sum and you’re in extreme financial need.

In addition, many injured workers prefer to administer their own medical care. While a stipulated award does entitle you to future medical treatment, sometimes, the process of getting that treatment can be frustrating and slow as you wait for authorization from the insurance company.

2) COMPROMISE AND RELEASE (C&R)

A Compromise and Release Agreement is a settlement which usually permanently closes all aspects of a workers’ compensation claim except for vocational rehabilitation benefits, including any provision for future medical care.

The Compromise and Release is paid in one lump sum to you. It must be reviewed and approved by a Workers’ Compensation Judge.

WHAT ARE THE ADVANTAGES OF A COMPROMISE & RELEASE?

You may receive more money than you would receive under a Stipulated Findings and Award because you are giving up your future rights in exchange for money.

If the employer, or insurance company disputes the rating, a Compromise and Release will assure you receive an agreed amount of money now rather than risk getting nothing or a lesser amount later.

You will receive your benefits in one lump sum.

You no longer have to wait for the insurance company to issue authorization for treatment. You can simply pay for the treatment you need with the settlement proceeds.

WHAT ARE THE DISADVANTAGES TO A C&R?

A Compromise and Release is final. Once you enter into a C&R, you cannot request additional payments or benefits from your employer or their insurance company except in extremely rare circumstances. If your condition becomes worse, you cannot seek more benefits from your employer or insurance company.

If the settlement is insufficient, you cannot seek additional benefits later in the future.

The post Can you tell me the two main ways to settle my workers’ comp case? appeared first on Workers Comp Attorney| Franco Munoz.

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I have a union job. Is there a law that says I must resign to settle my case with a Compromise & Release? I do not want to resign. The current adjuster says I need to resign to settle. What should I do? https://francomunoz.com/i-have-a-union-job-is-there-a-law-that-says-i-must-resign-to-settle-my-case-with-a-compromise-release-i-do-not-want-to-resign-the-current-adjuster-says-i-need-to-resign-to-settle-what-should-i-d/ Thu, 01 Feb 2018 06:08:05 +0000 https://francomunoz.com/?p=408 No defendant is ever forced to settle a claim by a lump sum Compromise & Release. There is also no law saying that an insurance company has to offer you a C&R. Therefore, it is your decision to accept the offer and quit or not accept their offer. If you do not accept their C&R […]

The post I have a union job. Is there a law that says I must resign to settle my case with a Compromise & Release? I do not want to resign. The current adjuster says I need to resign to settle. What should I do? appeared first on Workers Comp Attorney| Franco Munoz.

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No defendant is ever forced to settle a claim by a lump sum Compromise & Release. There is also no law saying that an insurance company has to offer you a C&R. Therefore, it is your decision to accept the offer and quit or not accept their offer. If you do not accept their C&R offer then you are entitled to go to trial and seek a permanent disability award.

We recommend that you consult with a workers’ compensation attorney to better assist you on your decision.  You may contact the Franco Munoz Law Firm at (667) 350-1072.

The post I have a union job. Is there a law that says I must resign to settle my case with a Compromise & Release? I do not want to resign. The current adjuster says I need to resign to settle. What should I do? appeared first on Workers Comp Attorney| Franco Munoz.

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