Permanent disability of 18%?

[martin85]

Hi! I received the letter from insurance company saying that my total disability is 18%, payment($750/wk) for temporary disability(TD) ends, payment($230/wk) for permanent disability(PD) starts, I can choose retraining program and I can get future medical care. In my case, I have 2 questions;
1. How much do I get the payment per week? $230 or $980($750+$230)?
2. How much can I expect the total amount approximately if I resolve my case though one lump sum settlement(compromise & release)?

For your reference, I got injured on my back in CA. The rating of permanent disability is equivalent to $16,000(payment is $230 per week).

[Manley2]

Sorry I don't know the laws in CA but you can bet they are not going to start paying you $980 a week.

[Shadow]

In California your TD has ended . You are only entitled to the 230 per week for PD. The IC will advance these weekly payments until the amount is satisfied less AA fees. Provided you are repped.

Or they will provide thier reasonable estimate of PD payments due until the claim is settled.

C and R is fact specific and the Ic is not obligated to settle this way. No one can give you a definite answer. The only good claim is a closed claim in the eyes of the IC.

Express your intetest to settle by C and R to your AA or IC.

[martin85]

(04-27-2011 03:34 PM)Shadow Wrote:  In California your TD has ended . You are only entitled to the 230 per week for PD. The IC will advance these weekly payments until the amount is satisfied less AA fees. Provided you are repped.

Or they will provide thier reasonable estimate of PD payments due until the claim is settled.

C and R is fact specific and the Ic is not obligated to settle this way. No one can give you a definite answer. The only good claim is a closed claim in the eyes of the IC.

Express your intetest to settle by C and R to your AA or IC.

Thank you very much! Shadow.
In Fact Sheet D, "How is PD paid" says "PD benefits are paid in addition to TD benefits you received." What does this context mean?

[Shadow]

(04-27-2011 05:03 PM)martin85 Wrote:  

(04-27-2011 03:34 PM)Shadow Wrote:  In California your TD has ended . You are only entitled to the 230 per week for PD. The IC will advance these weekly payments until the amount is satisfied less AA fees. Provided you are repped.

Or they will provide thier reasonable estimate of PD payments due until the claim is settled.

C and R is fact specific and the Ic is not obligated to settle this way. No one can give you a definite answer. The only good claim is a closed claim in the eyes of the IC.

Express your intetest to settle by C and R to your AA or IC.

Thank you very much! Shadow.
In Fact Sheet D, "How is PD paid" says "PD benefits are paid in addition to TD benefits you received." What does this context mean?

In addition to TD benefits you are entitled to PD benefits . You collect TD temporay disabilty before you reach P and S status or what is called MMI.

Once you are rated you are more than likley released from care with a perecentage of disability. That is when PD starts and TD ends

There is no more TD as wage replacement . You are free to return to work now. Is your employer offering a job?

I know it is a bummer to lose your TD benefit. This is only while you cannot work. TD= temporary disability while you recover from the injury only.

Depending on when you were injured, and if your employer is offering work, you may be entitled to unemployment compensation and your Pd benefit at the same time.

Do you have an attorney?

[martin85]

Thanks, again
I don't have an attorney. Is it better to hire an attorney at this moment? If I hired an attorney, I think I need to take a reevaluation by QME to get higher % of disability. Do you think it is possible to increase the % by attorney? I know it is difficult to answer. Please answer your opinion.
Or, just go back to work?
p.s. I still feel pain.

[Shadow]

(04-27-2011 11:19 PM)martin85 Wrote:  Thanks, again
I don't have an attorney. Is it better to hire an attorney at this moment? If I hired an attorney, I think I need to take a reevaluation by QME to get higher % of disability. Do you think it is possible to increase the % by attorney? I know it is difficult to answer. Please answer your opinion.
Or, just go back to work?
p.s. I still feel pain.

---

Higher rating depends on many things . Could come out lower. There are many things to consider with a rating. One is if your employer is offering you a return to work .

Finding an attroney should be easy for you beacuase your case is not settled yet.

My advice is to talk to a lawyer . For only 12% percent of the award if you hire one.

Many things to consider . Did you have surgery? Employer offering work? Job displacement benefits? possible increase in the %? Maybe you are released to early and maybe not.

The IC has called the shots in your claim . Are they bieng fair with you ? An attorney would probably get you more with a C and R than you would get without one. A lump some settlement without an attorney is in the best interest of the Ic............usually. Maybe you really need future medical care?

Get a lawyer who specializes in Ca workers comp for a case evaluation.

I am happy to help you but I think you should speak with an attorney.

Best

Shadow

[1171]

to find an atty
use the zipcode search at
caaa.org

you will likely need an AME to change your rating and that could take 9 mths to a year.
hard to know ahead of time if the wait will be worth the rating difference.

[martin85]

Thank you very much all of you, especially Shadow and 1171