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pavilion212 · 07-17-2008, 11:08 AM

Hi all. I am in California.I have been off work for two years this November.California only pays for two years.
If I get it right if I am not Permenent and stationary at that point they might still pay me at a lower rate than I am getting now and this will be money that would of been my settlement?
Another thing.My Lawyer works for a firm but he said he took my case on outside his firm. Is that normal? Why would he do that?
Thank you for any input.

jayne · 07-17-2008, 02:45 PM

geez we need a whole lot more info...as in your injury ....is it fixed? if not what are the plans to get it fixed....if fixed are you able to go back to work? or are you permantly disabled? come on now give us more more more

pavilion212 · 07-17-2008, 08:26 PM

jayne Wrote:geez we need a whole lot more info...as in your injury ....is it fixed? if not what are the plans to get it fixed....if fixed are you able to go back to work? or are you permantly disabled? come on now give us more more more

I have three herniated disc's in my neck, three in my lower back and carpol tunnel in both hands.I am still on TTD but in California you can only be on it for two years. I have only had a few procedure in the two years.I did have had an RFA done to my neck and it did help but I am far from being able to work again.Between my doc taking his time and w/c denying everything the first time around it is going slow.I am very worried what will happen after the two year mark.

1171 · 07-17-2008, 08:29 PM

That's correct. You should be entitled to "advances" on your permanent disability (which some think of as a settlement even though it doesn't closeout or settle anything)
The fee is his rather then the firms. He might do this if he's planning on leaving the firm soon.

pavilion212 · 07-21-2008, 12:31 PM

1171 Wrote:That's correct. You should be entitled to "advances" on your permanent disability (which some think of as a settlement even though it doesn't closeout or settle anything)
The fee is his rather then the firms. He might do this if he's planning on leaving the firm soon.

#1) If I start getting advances when the two years are up, how long can they give advances if there is no clue to what a settlement would be?
#2)What if they give me advances and at the end there is not enough to pay rhe lawyer?
#3) When the docs say stationary all monies from w/c stop until there is a settlement?
I really am confused. All I really want is to get well enough to work part time and not loose my house in the mean time.
Thank you for any input. Sandra

1171 · (This post was last modified: 07-21-2008 01:18 PM by 1171.)

If you've been on td for 2 yrs its not possible that they have "no clue". If it's likely there will be little or no PD then they won't make an advance.
They always try to err on the low side to avoid overpaments but if it happens they will absorb the loss.

No. Permanent & Stationary means payments switch from temporary disability to permanent disability advances if indicated.
I don't think you are different then others who've been hurt, but the benefits are important and workers comp regulations are not easily understood.