Industrial Disability Retirement

[chasnrnbos]

CA RN
My TTD ends March 30th, 09. I want to return to work with a reasonable accomodattion; I am not yet P &S. My AME appt is in Dec, 09. If I wait for this final assessment of permanent Disability, it limits my time frame for filing for IDR. If I apply for IDR now, does this negate my ability to receive an offer for alternative work (Return to work Manual)? and does it also negate my %15 gain in disability payments if no offer is made by my employer? I am running out of time to initiate IDR. What happens after my 2 year TTD in March if I am unable to return to work? Do I lose everything?

CA RN

[1171]

does carn mean you are from california?
your profile location is blank.
ADA is federal and whether denial of a reasonable accommodation request is unreasonable for someone who has applied for retirement is up to the feds to decide.
it does not supersede the employers duty to offer alternative work under california workers comp disability calculation provisions.

[jayne]

ca=calif
RN=reg nurse

[chasnrnbos]

1171 Wrote:does carn mean you are from california?
your profile location is blank.
ADA is federal and whether denial of a reasonable accommodation request is unreasonable for someone who has applied for retirement is up to the feds to decide.
it does not supersede the employers duty to offer alternative work under california workers comp disability calculation provisions.

[chrischris]

CalPers does not allow "Industrial Disability" except for the following:
If their disability is the result of a job-related illness or injury, and they are a local or State safety, State peace officer/firefighter, State industrial, State patrol member, or local miscellaneous member whose employer contracts for this benefit, they may be entitled to an industrial disability retirement.

You can apply for a disability retirement at any time. It does take a long time for determination. If approved, you can return to work again at a later date. It is not a "binding" retirement like service retirement is. I take it by your age you aren't eligible for service retirement so your only alternative would be disability retirement. Your doctor has to determine that you are disabled.

When your TTD ends, if you haven't returned to work, the insurance carrier will begin making PD (permanent disability) payments to you based on your disability rating from your AME exam, if given. Otherwise, it will be calculated by your C/A and paid at a rate of no more than $220 per week, give or take 15%.

Educate yourself on the laws of California WC. That is your best defense. Don't rely on your Attorney to do everything for you.

You can also apply for SSDI or SDI.