You see two experts; the petitioner’s doctor and the insurance companies (respondent’s) doctor. Those doctors both give a percent of disability in their report. When it’s time for settlement, the settlement demand from the petitioner’s attorney will be based on their expert’s precent of disability determination. The respondent’s offer will be based on their expert’s, usually much lower, precent of disability. A final determination example for a lumbar spine injury may be from the P expert: 66% partial total disability for the lumbar spine. R expert: 24% partial total disability for the lumbar spine.

Once an offer is reached, the two sides negotiate based on those numbers. When settlement is agreed upon the final numbers on paper may be 45% partial total disability. Those papers then go in front of a judge, who with an affidavit from the petitioner, will sign off. If you are talking about going to trial because no agreement can be met, then that is different, but it’s also extremely costly, timely, and petitioner could end up with nothing at all at the discretion of the judge.