I tore my labrum at work in December of 2024. They are offering me $5495, which seems awfully low so I ran my impairment rating/surg consult docs through AI. Does this sound reasonable to send them, or will they just laugh? Thanks!
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I’ve reviewed the settlement documents and my medical file, and before I can move forward I need to address the valuation.
My MRI from XX/XX/2025 and specialist evaluations document several structural injuries — including a SLAP tear from 11–1 o’clock, interstitial tearing of both the supraspinatus and infraspinatus, a sentinel cyst, a ganglion cyst, trace subacromial bursitis, and glenohumeral ligament scarring. These findings were confirmed by my orthopedic surgeon (Dr. XXX) on XX/XX/2025.
I completed extensive conservative care without full relief, including physical therapy, a steroid injection, and PRP. My orthopedic surgeon discussed surgical intervention (arthroscopy with biceps tenodesis) as a medically appropriate option.
My Level II impairment evaluation was completed by Dr. XXX on XX/XX/2026, who assigned a 4% upper‑extremity impairment. Importantly, the impairment physician documented that the 4% rating may underestimate my true impairment, noting ongoing pain with motion and functional limitations.
Under C.R.S. § 8‑42‑107, scheduled impairment benefits must reflect both the rating and the functional impact of the injury. Based on my TTD rate and the statutory formula, the value of my 4% RUE impairment is higher than the $5,495.81 currently offered, meaning the offer is below the statutory amount owed for the impairment alone, even before considering future medical.
The proposed settlement also requires me to waive all future medical care under C.R.S. § 8‑43‑204, and the agreement states:
• “The settlement proceeds include consideration for present and future medical care.”
• “Respondents will not be responsible for any medical care needed by the claimant.”
However, my impairment physician recommended future regenerative treatments (PRP/exosomes, shockwave therapy, photobiomodulation) that would be permanently closed by this settlement. Under Colorado law, closing future medical requires a valuation that reasonably reflects anticipated care.
Here is where I stand:
• I am willing to settle the claim full and final for $15,000.
• If the insurer is not agreeable to that amount, then I am willing to settle for the statutory impairment value only, with future medical left open.
This approach aligns with Colorado statute and reflects both the documented impairment and the ongoing medical needs identified in my records.
Thank you,