I received my A.M.E.report, What Next ?

[waitinginsanjoaquin]

What is the signifigance of 17% whole person impairment ? The report mentioned that and also states the permanent impairment is due 90% to the industrial injury and 10% to non-industrial.

[1171]

when your permanent disability rating is calculated they'll reduce it by 10%; work comp will be responsible for the remainder.
a whole person impairment rating is the first step in a complex process of computing additional disability benefits.
the WPI (whole person impairment) rating has to be modified for age, occupation, and future earning capacity to find out how many weeks of additional payments you'll be entitled to.
a permanent disability weekly payment rate is also separately calculated and modified for whether the employer offered modifed work.
basic information here
http://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf

[waitinginsanjoaquin]

Is it correct that even if the state wanted to depose the AME they would still have to begin paying the weekly benefits within 14 days ?

[1171]

it depends on the issue.
they risk a penalty if they don't have a reasonable defense as to why they failed to begin payment.
in any event, you can file for a penalty if they don't pay timely.
nothing lost if you have to drop the issue later.

[waitinginsanjoaquin]

One more question, the deal is that I never received any benefits at all. So now that there has been a finding by the AME will the first thing they do be to pay me the benefits back from the day the claim was originally made ?

[1171]

i assume the question for the AME was whether your injury was caused by the job.
if so, then yes, probably; but I don't know about the disability issue and what the AMEs opinion was on it.

[waitinginsanjoaquin]

Yeah, sorry for making this thread just a personal question board.. Maybe there will be some answers in here that might help someone else out someday. Well what the AME found was that the injury was 90% industrial and 10% non... He found the industrial severe hypertension to be permanent and stationary, and 17% WPI. I'm just curious and it is pretty difficult to be wondering about all these things and be waiting for the Atty to get back to me.

[1171]

yes the mind is busy churning out a lot of "what ifs" while you wait for someone else to make a decision that greatly impacts your life.

the legal system has its own clock and it runs much slower then those in the real world.
keep busy.
keep as active as possible socially.
become as informed as possible about your situation and the system-both medically and legally.
find interests and things that allow you to shift your focus away from the injury.

the more eager you are to settle the better any delay tactics will work..

all of this of course is easier said by someone not in your situation then done by someone who is facing similar obstacles.