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Earning reduction
07-27-2011, 02:35 PM (This post was last modified: 07-27-2011 05:22 PM by Ruki.)
Post: #1
Earning reduction
After having surgery, having extensive physical therapy, during that time I was getting
weekly TTD checks. Reached MMI. The checks stopped. A few months later I received
a small reward" settlement" = 80 weeks for broken hand.It was PPD check.PPD means
partial permanent disability. That reward covered 80 weeks of my life. How about the rest of my working weeks, till my retairement age.Is IC off the hook for good? With my restrictions
I suffer a great reduction in my earnings. Do I have any rights to get a settlement regarding
this issue? My lawyer is not much helpfull. Can I get any answer? Thanks.
It is MD.
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07-27-2011, 02:50 PM
Post: #2
RE: Earning reduction
http://www.workerscompensation.com/forum...?tid=10146
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07-27-2011, 03:41 PM (This post was last modified: 07-27-2011 03:48 PM by 1171.)
Post: #3
RE: Earning reduction
the duration of permanent PARTIAL disability is fixed by law based on your impairment rating.
the higher the rating the more weeks that are paid.
since you are only partially disabled you are expected to find employment within your restrictions.
the PPD will help offset the loss in wages while you transition into new employment.

workers comp is no fault insurance and both the worker as well as the employer are expected to share in the losses from the injury.
only Total disability attempts to offset loss of wages from all occupations.

your PPD and treatment are your settlement. if there are any remaining weeks in your PPD, you can apply to the comp court for a lumpsum payment.

it would help everyone if you gave which state's work comp rules your claim is under.

P.S.
You should not be having surgery on a work comp injury if the doctor's said you were at Maximum Medical Improvement??!!
Isn't the surgery suppose to improve your condition (at least in most occasions...)
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07-30-2011, 12:33 PM (This post was last modified: 07-30-2011 12:33 PM by Sr.CE.)
Post: #4
RE: Earning reduction
sx could be a part of FMC so it is allowed. I think that we are confusing PD ( permanent disability) with permanent total disability ( in CA - PD > 71% which is also called life pension and once " normal" PD schedule is paid in full injured worker would entitled to additional payments ..... The difference between PD and TD ( temporary disability) - PD based on WPI( whole person impairment) -eventually it is rating of your P&S / MMI report and TD simply based on 2/3 from AWW ( average weekly wage) So , even if # could be alike the difference is huge. Last species of WC benefits is medical treatment which provided to cure or relive effects of injury. At the time of settlement you can choose to keep FMC ( future medical care) open and insurance carrier will provide you a treatment within your P&S report. It will be subject to UR review ( CA LC) so eventually, treatment could be denied . Or you can choose to receive lump sum form PD and FMC. In CA you also entitled to voucher for retraining. Amount of the voucher depends on your PD level .this benefit is paid to school so you don’t see it …. But you can settle it .


sx could be a part of FMC so it is allowed. I think that we are confusing PD ( permanent disability) with permanent total disability ( in CA - PD > 71% which is also called life pension and once " normal" PD schedule is paid in full injured worker would entitled to additional payments ..... The difference between PD and TD ( temporary disability) - PD based on WPI( whole person impairment) -eventually it is rating of your P&S / MMI report and TD simply based on 2/3 from AWW ( average weekly wage) So , even if # could be alike the difference is huge. Last species of WC benefits is medical treatment which provided to cure or relive effects of injury. At the time of settlement you can choose to keep FMC ( future medical care) open and insurance carrier will provide you a treatment within your P&S report. It will be subject to UR review ( CA LC) so eventually, treatment could be denied . Or you can choose to receive lump sum form PD and FMC. In CA you also entitled to voucher for retraining. Amount of the voucher depends on your PD level .this benefit is paid to school so you don’t see it …. But you can settle it .
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07-30-2011, 01:47 PM
Post: #5
RE: Earning reduction
I think ruki is in MD so california information is not relevant.
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