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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111549
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have gotten treatment elbow injury and now the QME

Customer Question

I have gotten treatment for an elbow injury and now the QME and my worker's comp doctor wants to declare me Permanent and Stationary. I still have the option of surgery. I would like to know if I get surgery, will I still get a settlement or I will only get a settlement if I don't have surgery. Also, how can I request request a lump sum instead of biweekly payments for 70 weeks.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Permanent and stationary means you have reached maximum medical improvement. If you have a permanent disability rating from the doctor, then you can negotiate for a permanent disability settlement or award. Whether you get surgery or not, it depends on the permanent disability rating from the doctor. You can negotiate for lump sum payment by asking for it in writing and making them an offer for the lump sum payment. So you need to get your doctor to give you a permanent disability rating and then you need to send a letter to the insurer and make an offer for a disability lump sum payment based on your rating.

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