What is the process involved in settling a case and how is it determined how much compensation I will receive?
A. Generally, a case cannot be settled until all of the medical reports articulating permanent disability or impairment are completed. The report may also be formally “rated,” by the Disability Evaluation Unit (DEU) of the Workers’ Compensation Appeals Board and a percentage of disability or permanent impairment will be assigned to the doctor’s opinions in accordance with the rating guidelines of the State of California. These rating guidelines are pre-set and uniform throughout the state. However, in practice, it is not unusual for the same medical report to be rated differently, depending on who rates it. The “rating” percentage is then converted to a monetary amount, also, in accordance with a pre-set schedule. This combined with the valuation of future medical treatment and other issues provides the basis for a lump sum Compromise and Release settlement agreement. However, neither the defendant, nor the applicant, must settle the case by Compromise and Release. Instead there may be
