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permanent disability
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02-06-2010, 09:58 PM
Post: #1
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permanent disability
hello everyone thanks for all the answers I have received in this forum, have an other question,I had an appt with my primary doctor.
this is the doctor my attorney sent me to,after having surgery back in sept 2009, as some of you may know, Iam still in a lot of pain. have cramps down my left leg, have a hard time sittting down. yesterday my doctor informed me that he will try to put me on permanent disability,he said my back is worn out, and since I Had a 3 level laminectomy, he thinks my spine is now very unstable. and he doesnt think I will be able to perform any kind of work. what kind of financial help do I get after he puts me on pd? my attorney told me when we had the deposition , that I should consider myself blessed, that my employers ins, had taken and accepted all liability, since this injuries happen at work. DO i receive a settlement or just my PD CHECK? thanks...iam in CALIFORNIA been in wc, since january 2009, currently receiving wc,,,,thanks |
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02-07-2010, 02:48 AM
(This post was last modified: 02-08-2010 02:34 PM by 1171.)
Post: #2
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RE: permanent disability
the doctor seems confused about how the system works.
permanent disability is not based on whether the doctor your atty hires thinks you can't work. you have to have rating according to the AMA rating guidelines. It's very difficult to qualify for permanent total disability. the carrier gets to have their doctor give an opinion and the parties or the judge have to decide between them. after you are made permanent & stationary they will make advance payments on your pd. your PD and the open medical treatment is your settlement. you may be able to negotiate a buyout of those benefits for a lump sum. you can call the buyout a settlement. there are no other payments due you. the carrier doesn't have to agree to a buyout. I think I gave you the links to the factsheets in an earlier post; they explain about a C&R (lumpsum buyout of PD, med, etc.) here's the link again (fact sheet D) http://www.dir.ca.gov/dwc/iwguides.html here is more information on settlements http://hurtworker.com/english/workerscom...ements.htm |
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02-08-2010, 01:31 AM
Post: #3
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RE: permanent disability
1171 Wrote:the doctor seems confused about how the system works. |
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02-08-2010, 01:32 AM
Post: #4
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RE: permanent disability
thanks for your helpful information 1171,I do appreciate it.
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