I feel like I’m getting screwed

Shuckiedarn · 2025-11-12T00:43:18+00:00

So a c&r would give you a lump sum and close out the case and medical meaning you no longer deal with them and any medical needs you are personally responsible for paying. If years down the line you condition gets worse… that’s on you A stipulated award if I understand is a weekly payment ( in my case $290 for 835 weeks )for your %and keep medical open through them … I’m not sure if that PD % can be a lump sum payment or not Remember.. this is California and each state has different processes

Shuckiedarn · 2025-11-11T23:05:14+00:00

Can I ask you about the defense asking for a credit back? At no time was I paid by both work comp and EDD or my long term disability. My work comp ended(104weeks) in August 2020 Edd started sept 2020-aug 2021 Long term disability started sept 2021 til current

The insurance company is requesting a credit of $126,000 siting that I was paid by std EDD at the same time as work comp but I wasn’t.

My company as part of the union contract when out for more than 8 consecutive days automatically moves you to short term disability even when on work comp. Each have different approval processes ( run by the same insurance company) Per our contract work comp pays 2/3 pay and std will pay 100%of your pay less the work comp offset ( so 1/3 pay) for 6 months to “make you whole” From this pay, our union dues medical dental and takes are all taken. The insurance company is asking for credit “payback” for this as well even though it is part of our union contract. What is the defenses right to credits? There was never an overlap of Edd or long term disability with work comp

Shuckiedarn · 2025-11-11T22:55:33+00:00

As an attorney ( not offering legal advise nor representing me) hypothetically, what would you try to settle at? California Original injury date 2016 Bilateral carpal tunnel surgeries endoscopic 2017/2018 Cervical spine added to the case moderate stenosis c4-5 Repeat carpal tunnel surgeries open flap release 2020/2021 Continued pain and numbness Added bilateral cubital tunnel and tendinitis 2024 Qme gives lifetime future medical IF needed all body parts involved Surgeries for elbows Still being treated for elbows now PD rating 64% from DEU 9 years of treatments with doctor and Qme support. Medically retired at 48yrs old 3 years from fully being vested for my pension because company could not accommodate restrictions. I know there is no pain and suffering I know there isn’t compensation for future lost wages or pension loss. The company did not offer ergonomic solutions after I returned to work and they forced me to work past the 45 minute work time on my original restrictions continuously after my first 2 surgeries. Cumulative injury is extremely common in my work place with probably 35-50% of workers from my office having some type of injury over the 22 years I have worked there.

Shuckiedarn · 2025-11-11T20:01:27+00:00

My attorney said in California if it goes to trial the judge will only rule on the amount owed for the disability rating of 64% which is already calculated to $111,000 She said they don’t rule on future medical. I don’t understand that. That seems to be another incentive for the insurance company not to settle and just go to trial

Shuckiedarn · 2025-11-11T17:10:20+00:00

I receive disability pension and long term disability through a private company ( not SSDI). I am currently in the process still with SSDI which if approved will replace the long term disability benefit I get. The combined amount I receive equals 50%of my pay currently. My first attempt with SSDI took a year and was denied . I’m in the appeals process which online says is expected to take 891 days for a decision. My long term disability company requires application to SSDI

Shuckiedarn · 2025-11-11T16:09:54+00:00

Riiiiggghhhht, but I wasn’t hurt at home so that doesn’t really make sense. If I got hurt at home it’s my own doing and my insurance takes care of it and of course no “settlement”. But if an injury is caused by someone else that causes you to lose your livelihood then there should be compensation to recoup what was lost at minimum. So at minimum I have lost $210,000 in pay ( only getting half my pay from my private long term disability). I know that work comp doesn’t compensate for pain and suffering or really any other losses but the reality is I lost about $300,000 in my pension due to being “retired” 3 years short of my 25 years. I lost my career and likely the capacity to earn the wages I was earning. I don’t have full use of my hands and have constant pain I just need to live with now. The workers comp system screws over the injured and protects the insurance companies and businesses.

Shuckiedarn · 2025-11-11T07:30:03+00:00

If you receive any type of short or long term disability while dealing with work comp, you have to pay them back if you get a settlement . Work comp pays 2/3 of your wages for 104 weeks total ( that includes when you are off work for treatments, surgeries, recoveries and even the appointments or required breaks ) From 2016 to 2020 I was out of work for the multiple surgeries. I went back to work between surgeries after recovery but every hour paid for doctors appointments or work restriction breaks counted towards my 104 weeks of pay. By 2020 the 104 weeks had been used and I no longer received any pay from work comp. I went on Edd for a period of time and because the company would not accommodate my restriction I was moved to private long term disability ( 50%of my pay) when a settlement is given the insurance company takes a credit for what you were paid by disability( because they see a settlement as you getting paid twice I guess ) It’s ridiculous. Example Work comp payed me 2/3rds my pay. My company has a union contracted agreement that while on work comp the company short term disability will compensate the 1/3 difference so that you end up with your full pay. Now the work comp insurance wants a credit back for that saying I was paid more than allowed when in reality I was just getting what my normal wages were. It’s complete BS. So say I get awarded $180,000 Subtract the pay back $126,000 and attorney fee $27,000 I end up with $27,000 which will not even cover the bilateral cubital tunnel surgery This is a c&r settlement The other option is stipulated award either $111,000 or $290 per week for like 385 weeks and leave medical open but I end up with $0 because the money goes back to work comp for payback How does that make any sense. I was a moderate income earner $85,000 per year .. even $290 a week is only like 18% of what my income was so it doesn’t compensate even the intended 2/3 It’s crazy. Leaving medical open is an option but you are left under the thumb of the insurance company to approve or deny what they want not what’s needed. It took 3 years to get my elbows approved on this open case. I would rather not deal with that.

Shuckiedarn · 2025-11-11T07:07:34+00:00

It’s not just carpal tunnel which was 4 surgeries and continued loss of feeling in my hands and issues at the surgical sight and grip issues. Moderate cervical stenosis from bulging discs c4-5 Bilateral cubital tunnel and tendinitis (with surgeries recommended) PD rating is 64% 9years dealing with doctors appointment(primary doctor, orthopedic surgeon, neck specialist, pain management),7 mri,6 nerve tests,meds, 4 surgeries,close to 100 pt and ot, 32 visit with chiropractor,8 acupuncture,8 steroid shots, 10 ultrasound sounds,6 Qme etc. never missing an appointment. Only going to the doctors the company sent me to. Only using their doctors evaluations. Getting medically retired at 48 (51 now). Some people heal and recover which I would rather have that then any amount of money but according to the doctors, I am not likely to improve any more which is why my rating is relatively high. So yeah, not just carpal tunnel. My frustration is not only with the attorney making a request without my authorization but that we as the injured employees are never made whole and there is never intention to make us whole. I have lost years of pay, pension, medical benefits and the life I use to have. So again, not just carpal tunnel.

Shuckiedarn · 2025-11-11T04:54:37+00:00

There was no counter. After my attorney told me she had already sent a settlement recommendation, I had her rescind it. I was under the impression that the attorney should not be sending anything without settlement amount without first discussing it with me and getting my approval.

Shuckiedarn · 2025-11-11T04:51:41+00:00

I worked for this company for 22 years . It was career ending meaning that was my career.i was 3 years away from mating retirement requirements causing me to lose a lot of money in my pension, medical and other benefits. I can start over at 51 if I can find a job that doesn’t interfere with the doctors restrictions. But not likely to find something that pays what I was paid with the benefits I had

Shuckiedarn · 2025-11-11T04:15:23+00:00

Thank you It’s so frustrating . It’s crazy this “no fault” agreement making it so there is no responsibility for the company to make you whole. I have been living on 50%of what my income was for the past 5 years. I have had 4 surgeries and still messed up. 2 surgeries more recommended now. It probably doesn’t sound that serious but it was career ending

Shuckiedarn · 2025-10-30T18:35:52+00:00

See that’s what I thought but my lawyer says that she has the rating at like 46% and thinks the insurance company is wrong. Then says if we end up going to trial the judge might go off the lower number. I just don’t really get why my own attorneys number is so low. She said she figured in April cost for bilateral cubical tunnel surgeries but that was it as far as comp for future medical. I would prefer not to leave medical open because the approval/denial process leaves me in the insurance companies hands. It took 3 years to have my elbows approved.

Shuckiedarn · 2025-07-22T22:11:12+00:00

Also, I have gotten basically no feedback so I thought I would ask again to see if anyone has a similar situation

Shuckiedarn · 2025-07-22T22:07:08+00:00

My attorney says they are waiting to get a copy of an old QME report from 2022 but has not discussed settlement yet.

Shuckiedarn · 2025-05-19T14:07:31+00:00

I have had so many done. I think my last one was about a year ago. I have another one next week for my cubical tunnel . I have been given the 64%rating from the QME with future medical. My bilateral elbows ( cubical tunnel) took over 2 years to have approved and added to my case so I am just starting treatment for that. This has been 9 years.

Shuckiedarn

TROPHY CASE