DATE OF INJURY LAWS

[BACKHURTS]

Hello

I was injured at work in 12/2003. The WC Laws changed in CA in 2004. My case is now being settled and they are using the 2004 laws.
Shouldn't my case be settled/rated under the 2003 laws since that is when the injury took place?

[chrischris]

Because your DOI was prior to 2004 (SB899) changes, you have the medical benefits prior to the new laws. That is, you have unlimited chiropractic and/or physical therapy treatments as deemed medically necessary. You don't fall under the 104-week maximum of TTD, and I'm sure there are other examples I can't think of right now.

However, Permanent/Partial Disability is determined once you have been rated by your physician or a QME/AME. The schedule that is in effect at the time you are rated is the one used in your settlement.

You can go to the DWC website to learn more about PD.

It is interesting that many cases have ended up in court because the P&S dates are in question. Basically, many a defense have tried to pay on the new schedule when the I/W was rated prior to 2004, but settlement didn't begin until the new schedule was in place. I/W's are prevailing in most of those cases.

Good luck with your settlement.

[1171]

sounds good except the 2004 laws say they apply to prior injuries-- new laws can change old laws.

[jayne]

anything to screw the IW

[Manley2]

That says it all

[chrischris]

I can't say that the "rules" are always followed; and the "rules" are very much subject to interpretation. Calif. WC is defense oriented. IW's are guilty until proven innocent. Most IW's don't question the laws and accept decisions handed down from their IC's thinking they are working in their best interest. That is not true.

The best advise an IW can receive is to learn the laws of your State, ask questions, don't believe everything you are told, and take charge of your medical. The whole issue is about getting your medical care. Settlement comes later. Even if you have an attorney, they are most interested in your case nearing settlement. You have to be proactive on an on-going basis, or you get shoveled in the cow poop and forgotten.

[BACKHURTS]

chrischris Wrote:I can't say that the "rules" are always followed; and the "rules" are very much subject to interpretation. Calif. WC is defense oriented. IW's are guilty until proven innocent. Most IW's don't question the laws and accept decisions handed down from their IC's thinking they are working in their best interest. That is not true.

The best advise an IW can receive is to learn the laws of your State, ask questions, don't believe everything you are told, and take charge of your medical. The whole issue is about getting your medical care. Settlement comes later. Even if you have an attorney, they are most interested in your case nearing settlement. You have to be proactive on an on-going basis, or you get shoveled in the cow poop and forgotten.

THANKS Chris Chris -

The entire WC thing has really thrown me for a loop - I have been in and out of work since 2003 and 2/3 of my pay has just thrown me into debt. After fighting for additional treatment for 6 months last year I have been able to return to work.

I just don't understand the rating thing - my back hurts everyday - my life has changed - I have gained 60lbs all since the accident - I have trouble just living everyday life. It's hard for me to even make my bed or carry out the trash. Don't they take those things into consideration ? I am 43. I have never retained a lawyer - is it too late now? I have worked at this company for 18 years.

[chrischris]

First off, 2/3's of your pay, which is tax free, should come pretty darn close to what you were making prior to your injury. At least you haven't been cut off of TTD.

Congratulations on being able to return to work. Even if it is not what you were doing before, consider it a "job" and be happy to have one in today's economy.

Backhurts wrote:

Quote:I just don't understand the rating thing - my back hurts everyday - my life has changed - I have gained 60lbs all since the accident - I have trouble just living everyday life. It's hard for me to even make my bed or carry out the trash. Don't they take those things into consideration ? I am 43. I have never retained a lawyer - is it too late now? I have worked at this company for 18 years.

Backhurts, I could have written this, except that I did retain a lawyer when it got to a point that I could no longer handle my case alone. Long story. To answer your questions; the goal is to return the injured worker back to work as soon as possible. The idea is that being productive is part of the healing where staying home is counter-productive and costs the I/C more. Your doctor determines when you are ready to RTW; with or without restrictions.

It is never too late to "talk" to a WC attorney. This does not commit you to retaining one. However, without an attorney you stand alone.

[BACKHURTS]

Well...the 2/3 pay is what you receive and then in my case I had to send a check back to my employer for my medical benefits (non WC). And I was no longer paying into my 401k for 6 months and after 4 months I had to cancel my life insurance, when all these things are being deducted from your paycheck it seems alot less than when you are receiving bills every month for premiums. I was about $400 short each month which makes a huge difference for a single person that lives alone.

My goal was always to return to work and I have. It's just harder when you are in pain everyday

[chrischris]

Backhurts, I see your point. I'm sorry to assume so quickly. I was using my experience as an example and was off work 16 months, but my pay and benefits were not changed.

I'm back to a job that is just a job. I cry a lot over the loss of my career; but with my injuries, I know I cannot go back to what I was. I'm low man on the totum pole now and it's hard to accept. I have to push myself to even work within my restrictions and it hurts a lot. Sometimes I go outside to my car, just sit and cry and hope no one notices my red eyes when I come back. I have my own office, and pretty much stay to myself and do my job as best as I can.

Take care of yourself.