I misread (11)(E). It is limited by the following language: "to the
extent reasonably necessary for the support of the debtor and any
dependent of the debtor."
On 11/21/10, Alik Segal wrote:
> What is the correct exemption for a workers comp claim in the
> California 703.140 system?
>
> A workers comp atty told me that a wc claim is made up of
> 1. Loss of Future Earning Capacity; and
> 2. Value of Future Care;
> -- both of which depend on the level of permanent disability.
>
> Subsection (b)(10)(C) provides:
>
> (b)(10) The debtor's right to receive any of the following:
> (C) A disability, illness, or unemployment benefit.
>
> This seems to fit and imply that the exemption is unlimited.
>
> Subsections (b)(11)(D) and (E) also seem to fit. They provide
>
> (D) A payment, not to exceed seventeen thousand four hundred
> twenty-five dollars ($17,425), on account of personal bodily injury,
> not including pain and suffering or compensation for actual pecuniary
> loss, of the debtor or an individual of whom the debtor is a
> dependent.
>
> I am having trouble understanding the limitation "not to exceed
> seventeen thousand four hundred twenty-five dollars ($17,425)" in
> (b)(11)(D). What is it qualifying? If it is not qualifying "pain and
> suffering or compensation for actual pecuniary loss," what else is
> left? What other components of personal injuries exist?
>
> In any case, it would seem to me that "actual pecuniary loss" could
> refer both to value of future care and loss of future earning
> capacity. Am I reading this correctly?
>
> (E) A payment in compensation of loss of future earnings of the debtor
> or an individual of whom the debtor is or was a dependent, to the
> extent reasonably necessary for the support of the debtor and any
> dependent of the debtor.
>
> Loss of future earnings is an element of a workers comp claim and the
> subject of (b)(11)(E). The exemption provided by that subsection also
> appears to be unlimited.
>
> I really appreciate your input.
>
>
> --
> Alik Segal
>
Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
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