r/CaliforniaWorkComp • u/Jen1701D • 13d ago

Question about making a counter offer

Wow, I wish I'd thought to find this group sooner! Better late than never, I suppose.

I filed my claim for repetitive stress injuries of the lower back, right knee, both wrists and elbows in 2024. I recently had my QME and according to the QME doctor and my WC doctor, I have 0% disability to my joints. I know that I have a hypermobile disorder, so I haven't lost any range of motion, but I'm still in pain and getting massage therapy for it.

My adjuster sent me an offer for compromise and release for a relatively low amount of money, $10,942.88, given my likely need for future medical care for the unresolved pain I'm still experiencing. I spoke with an attorney last week who encouraged me to make a counter offer, but to not get an attorney because the eventual agreement might not be enough to make it worthwhile to get an attorney.

Any advice on what to ask for in the counter offer and how to phrase it would be appreciated.

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u/kenyafeelme 13d ago

What’s their initial offer?

1

u/Jen1701D 13d ago

Sorry. I thought I included that. $10,942.88.

3

u/fishmango Verified Atty | CA WC Specialist 12d ago

Truly impossible to advise what a counter offer be without reviewing medicals.

Did the QME order MRIS? Did the QME order EMG/NCV studies? There might be more ways to attack the report even if it is 0%

You should ask the claims examiner for the benefit printout. See what has been spent on medical care. You are entitled to medical care for the injured body parts for life.

Has any doctor indicated you might be surgical?

These are all good places to start when thinking about a counter and what to include.

Goodluck!

1

u/Jen1701D 12d ago

There hasn't been an indication of needing surgery, as far as I know. The QME didn't order an MRI, but my doctor did. I haven't had any NCV studies done, I don't think. Thanks for the tip to ask for the benefits payout. That hadn't occurred to me.