Worker’s Comp is not for the benefit of the worker. It benefits the employer by paying as little for the least amount of time possible. It’s an insurance policy taken out and paid for by the employer. It’s my understanding that if you opt to take Worker’s Comp., you cannot sue your employer for damages due to an injury you receive at work because, they in good faith, are giving you the benefit of using their insurance. Please correct me if I’m wrong.
In California there is no choice - an employee injured while working can get workers' comp benefits. That employee generally cannot sue their employer. It's the exclusive remedy rule. Of course there are exceptions to every rule, but that's the general rule. The advantage to the injured worker is that they immediately get temporary disability benefits and have medical treatment paid for, and and there is no requirement to go through a lawsuit first and wait a couple of years for any payment. Most injured workers could not wait a couple of years for a lawsuit to progress to either settlement or trial. It's in the injured worker's interest to get immediate payments instead.
Thanks for the vids...very informative...question. ..3 ratings for 3 separate injuries not related and different body parts and specialty. DEU provided advisory rating for pro se applicant. 4%(claim accepted)...68%(claim accepted)....42%(QME found cause industrial claim NOT accepted). apportionment not an issue for this question...do combine using "straight math" or "combined value"? ..i think straight math...4+68+42...carrier talking C&R..MSA approved by CM...i am talking PTD...and life pension..thank you for your comments....
Cases like that can get complicated. However, generally if it is three separate injuries to separate body parts, they will settle separately. They will not be combined or added together. So if there was a PD level at 4%, and one at 68%, and conceivably one at 42%, there would be no life pension as they don't add up to 70% PD or higher. So each case would basically settle on its own regardless of the others. That said, it can be complicated, so I'd recommend reaching out to your I&A Officer at the WCAB, or to a local attorney for a consult.
Can a Lawyer ask for more benefits due to a catastrophic injury and or due to time required to get back to finding a job that pays the same amount or near? EG bad knees, and limited use of limb.
A C&R will be based on the level of whole person impairment, anticipated future medical care, and any other outstanding issues/disputes. So those things you mention will generally factor in to the level of impairment and future medical. Negotiating a C&R can include many factors.
I had a right knee injury at work while operating a skid steer , a piece of concrete about 15 pounds fell right on my knee giving me lateral meniscus tear it’s been 2 years since it happened haven’t worked since my lawyer called me asking if I want to take compromise & release (she’s requesting 50k from insurance) or keep my medical and get 15k in permanent disability payments I took the compromise route since I do feel a lot better and the pain has gone away and can walk as normal how long will i receive permanent disability checks until they give me a lump sum offer ?
Generally workers' comp will keep paying permanent disability advances until the C&R is approved by the judge, at which time they issue a lump sum check. However, each case is unique. In your situation, you would need to ask your attorney what he or she expects as to ongoing PDA's.
I have a quick question I'm 35% permanent disabled I do have permanent work restrictions like no lifting more than 35 lb or bending or climbing or stooping what happens after I get my award and I cannot find a job that will accommodate me with work restrictions does EDD pay me 35% or if I get a job that I can only do part-time 4 hours a day does EDD pay for the rest this is a very scary situation my case and December
EDD will not pay out the permanent disability award. If an injured worker is 35% permanently partially disabled, after apportionment, and is a max wage earner for PD, then the insurance company will pay out the 35% award which is $48,140 for a recent injury. Workers' comp insurance will pay out that 35% whether the injured worker returns to work or not, or whether the injured worker finds another job in the future or not. EDD's payment of benefits is completely independent of the PD rating. EDD will pay out if the injured worker is off work due to disability and has funds available in his or her EDD account to pay.
I'm not sure what you're asking. The work restrictions imposed can be very different from the level of impairment. The amount of permanent disability paid on a workers' comp case is really paid based on the WPI rating, and is not generally impacted by work restrictions. A 2% WPI rating alone with probably be worth less than about $5,000 once rated out for age and occupation.
I have a court date with work comp judge on my partial disability from a total knee replacement. What kind of questions can I expect to be asked at this hearing. I’m here in California
It depends on the type of hearing, and whether you have an attorney. If you have an attorney, you will need to ask him or her what to expect. If you do not have an attorney, then you need to be prepared to discuss with the judge whatever the dispute is - whether it be treatment authorization, or TD payments, etc. If it's a trial on the case in chief, you need to be prepared to discuss whatever the issues are.
It’s regarding the payment of permanent disability. I believe they want to delay the payments since I’m still working. If they don’t pay me now , when are they required to pay( when I’m not working anymore). Any answer’s would helpful. Thanks!
@@mytube95831 The law changed a few years ago so that if the injured worker is continuing to work and earn at least 85% of their former salary, then no permanent disability advances are due. In that case the PD is paid out once the judge issues a Findings and Award or when the judge approves the Stipulations.
In the situation that you have a bad injury, and the Qme doctor says you can not work in labour market, and the doctor maintains their decission even after being deposed, that means a total disability? Who and what law regulates the individual capacity to participate in the open labour market? Does vocational experts rule on that or there is a federal or state law that has specific conditions which prevent a person to be in the open labour market?how does a qme doctor reaches the conclusion of ( unable to participate in the open labour market)?
Generally yes. If the QME says the applicant is precluded from participating in the open labor market, that generally means the injured worker is 100% totally disabled. It generally comes down to all of the evidence, from the PTP to the QME to vocational experts and the applicant's testimony. There are some conditions that are presumed to be 100% disabled in California, but otherwise it depends on the facts of the case. Every case is unique.
@@myworkerscompguide is there any law that determines the individual inability to work, In SSA they say if a person loses a day or two each month because of their medical condition , is considered disability. Does the same applies to worker compensation? On what basis the Qme determines this. I assume as a judge you may have seen this in at least few cases
@@avarora There is no strict definition such as losing two days per month. With QME's it generally comes down to the QME's opinion based on his or her training, experience, and expertise. There are some statutory presumptions that someone is 100%, but most doctors will impose permanent work restrictions based on each individual case.
in your experience i know you are not a doctor but what do you think about the rating , i got injured building scaffold 10+ yrs i delevop , spondylolisthesis , scoliosis and spondyarthritis . my case still in adjudication waiting for an answeer its so slow.
It will really depend on whether the QME uses the range of motion method or the DRE method in the AMA Guides. It can vary quite a bit depending on how the injured worker is doing, how range of motion is, etc.
What if you have bi lateral spinal stenosis in lower back and neck from walking with a limp due to knee injury at work that caused limping for 3 years/ plus after failed arthroscopic surgery on left knee now both knees , over compensation on right knee,plus hurt left ankle also on day of injuries I landed on right buttocks and back on concrete right leg is constantly numb had nerve conduction, Neurologist Dr said due to sever radiculopathy less than sedentary . Filed for SSDI ,had facet and epidural in lower back didn't work back surgeon said they need to fix your gait first. Back surgeon Didn't think bulging disc in back enough to perform surgery on lower back. 2018 case still waiting on trial had to get a second lawyer all he wanted to do was settle early close case.Workers comp denied all new injuries,still haven't received payment It's a nightmare 💀 smh!!! For old injuries or new!!!
Workers' comp can be frustratingly slow, and it seems like workers' comp insurance companies deny most everything sometimes. As you have an attorney, he or she will know your case and strategy best. Best of luck to you.
I got a cortical contusion of the brain with hemorrhage. Didnt need surgery tho. My question is, is that a catastrophic injury since it is blunt force trauma and a TBI?
It will depend on how the recovery goes, and generally depend on how the injured worker is doing once P&S. For 100% disability in California's system, it isn't just a traumatic brain injury. The Labor Code specifies it has to be "An injury to the brain resulting in incurable mental incapacity or insanity." It will likely boil down to what the QME's and/or PTP's diagnose.
@myworkerscompguide I'm def gonna attest my nuerological QME. The guy showed up late. Then he just asked me questions and did a quick exam. Most those questions he asked was hard because the symptoms I have fluctuate and depends on certain things to. He made me walk in straight line and I did it alright but how can one determine something off of that.
@@kingoftrolls19 You'll have to see what his report says. Sometimes my clients think the exam went poorly, but the report comes back great. Other times they think the QME was a great guy and going to write a favorable report, but it comes back horrible. Much will depend on what that report actually says.
@myworkerscompguide I was on work comp for 2 years. My TTD stopped and know they are switching over to PPD payments. They sent a letter stating I would get paid 290 dollars for 131 weeks for a total of 37,890. My question is can I take that lump sum and take as 1 or do I have to let them pay for 131 weeks.
@@kingoftrolls19 Until the case settles, the insurance will pay it out with a check every two weeks. The only real way to force a lump sum instead of the biweekly checks is to settle with a C&R, or to settle with Stips and then file a Petition for Commutation. I've never before seen insurance agree to pay out the PD as a lump sum before the case settles.
I'm not sure what you mean by non-scheduled injuries. Injuries that are unplanned are certainly covered. As to the AMA Guides, they do not cover injuries, but rather the injured worker's condition or treatment received (such as ACL surgery, or a two-level lumbar fusion).
@@GAvet4lyfe I'm still not sure what you mean, and I suspect that may be because you are not in California. Each state has their own unique workers' comp system, and my videos are aimed only at California workers' comp cases. We don't have nonscheduled injuries. In California if the injury is industrial, then once the injured worker's condition reaches a plateau the level of whole person impairment is addressed using the AMA Guides, and that WPI rating is turned into a permanent partial disability rating using the 2005/2013 PDRS. The only way I could think of an injury not being "scheduled" in California is if the impairment was not listed in the AMA Guides nor in the PDRS, though I can't recall ever seeing that before.
As to the rating, if it is 16% WPI then that gets rated out for age, occupation, and apportionment. This video goes over an example - th-cam.com/video/lK7OEhD-vBE/w-d-xo.html If it is 16% PD, then that has a dollar value of $16,095 most likely. As to whether you should stay or leave, I cannot say. I can only explain how the workers' compensation system generally works. I cannot give advice as to what people should do.
There are still a lot of variables. First, the DEU often rates a report before apportionment, so the rating may drop by quite a bit after apportionment. Plus, it assumes a maximum wage earner for PD purposes. Plus, that may be one QME or PTP report, but there may be others which get combined or factored into settlement talks. But if it is 53% PD after apportionment, and a max earner for PD purposes, then the dollar value of that is $85,622.50 per the State charts. But even then, that may change based on date of injury. Each case is just so unique.
@@myworkerscompguide thanks for your time, so what would that be in terms of a compromise and release settlement based on that rating? Also I had 2 QME's prior to the DEU. This is for a work truck accident, I have cervical damage in 5 discs and both shoulders I was giving permanent disability and I was 49 at the time of the accident I'm 51 now, they said $290 a week for 295.25 weeks.
@@walthouston3632 There's really no way to say what a case is worth without sitting down to meet with the injured worker, review the reporting, review the date of injury, printout of benefits paid to date, the anticipated future medical care, any penalty issues, etc. Every case is just so unique. I'd recommend talking to a local attorney for a consultation as to what your case may be worth.
I got a call from Workers comp , they said the dr put me as permanent disability , and they said the dr valued it at 14k and that I need to sign forms and they will send me 14k in a check , I'm just very confused . It's due to a back injury I got at work , I just want more details and want to understand it more
It sounds like the doctor said your condition was P&S, and that level of WPI found by the doctor rated out to a PD level that equates to $14,000 roughly. They will likely send you checks of $580 every two weeks until the full roughly $14,000 is paid off. If you don't have an attorney, you should call the I&A Officer at your local WCAB office to discuss your options, and see if the report was sent to the DEU for an impartial rating. If it was the PTP who issued the report, you have the option of going to a QME who is an independent doctor, and you can discuss that with the I&A Officer as well.
@@myworkerscompguideoh ok , I will take that advice but I was also confused because I am still at the same job working , and I'm working full duty , so if I sign the forms will they put me off work ?
@@franciscorubalcaba861 I cannot speak to your individual case. I can only discuss how the system works in general. To discuss your case you should talk to a local attorney or the I&A Officer at the WCAB. In general, it is very common that a worker is injured, reaches P&S status, resolves the claim with Stipulations with Request for Award, and keeps working at the same employer. However, if the parties enter into a C&R instead, often times the insurance company will want the injured worker to resign from that job.
Disability said I can’t work on it. I got it but can’t work at all. So is there anything I could do. I have a disease called superficial Siderosis. Bleeding on the brain. Didn’t know that at the time I was approved. I also had a stroke the morning I had to go to disability office to get my checks started. Do u know why I can’t work at all? I’ll lose it. My speech is still horrible and I walk as if I’m drunk. I don’t know if there is a job for me out here. But do you know how I can find out if I’m 100% disabled? I called disability office and the lady acted as if she had no idea what I was talking about. So is that a veterans disability thing only? I hear ppl talking percentages like my brother who was in the Air Force. I don’t understand
I only have experience with California's workers' comp system. If you're in California, I'd recommend reaching out to a local attorney for a consultation to see what options you may have available to you.
Thank you for all your videos. They are very informative.
Happy to help inform.
Worker’s Comp is not for the benefit of the worker. It benefits the employer by paying as little for the least amount of time possible. It’s an insurance policy taken out and paid for by the employer. It’s my understanding that if you opt to take Worker’s Comp., you cannot sue your employer for damages due to an injury you receive at work because, they in good faith, are giving you the benefit of using their insurance. Please correct me if I’m wrong.
In California there is no choice - an employee injured while working can get workers' comp benefits. That employee generally cannot sue their employer. It's the exclusive remedy rule. Of course there are exceptions to every rule, but that's the general rule. The advantage to the injured worker is that they immediately get temporary disability benefits and have medical treatment paid for, and and there is no requirement to go through a lawsuit first and wait a couple of years for any payment. Most injured workers could not wait a couple of years for a lawsuit to progress to either settlement or trial. It's in the injured worker's interest to get immediate payments instead.
Thanks for the vids...very informative...question. ..3 ratings for 3 separate injuries not related and different body parts and specialty. DEU provided advisory rating for pro se applicant. 4%(claim accepted)...68%(claim accepted)....42%(QME found cause industrial claim NOT accepted). apportionment not an issue for this question...do combine using "straight math" or "combined value"? ..i think straight math...4+68+42...carrier talking C&R..MSA approved by CM...i am talking PTD...and life pension..thank you for your comments....
Cases like that can get complicated. However, generally if it is three separate injuries to separate body parts, they will settle separately. They will not be combined or added together. So if there was a PD level at 4%, and one at 68%, and conceivably one at 42%, there would be no life pension as they don't add up to 70% PD or higher. So each case would basically settle on its own regardless of the others. That said, it can be complicated, so I'd recommend reaching out to your I&A Officer at the WCAB, or to a local attorney for a consult.
Can a Lawyer ask for more benefits due to a catastrophic injury and or due to time required to get back to finding a job that pays the same amount or near? EG bad knees, and limited use of limb.
A C&R will be based on the level of whole person impairment, anticipated future medical care, and any other outstanding issues/disputes. So those things you mention will generally factor in to the level of impairment and future medical. Negotiating a C&R can include many factors.
I had a right knee injury at work while operating a skid steer , a piece of concrete about 15 pounds fell right on my knee giving me lateral meniscus tear it’s been 2 years since it happened haven’t worked since my lawyer called me asking if I want to take compromise & release (she’s requesting 50k from insurance) or keep my medical and get 15k in permanent disability payments I took the compromise route since I do feel a lot better and the pain has gone away and can walk as normal how long will i receive permanent disability checks until they give me a lump sum offer ?
Generally workers' comp will keep paying permanent disability advances until the C&R is approved by the judge, at which time they issue a lump sum check. However, each case is unique. In your situation, you would need to ask your attorney what he or she expects as to ongoing PDA's.
I have a quick question I'm 35% permanent disabled I do have permanent work restrictions like no lifting more than 35 lb or bending or climbing or stooping what happens after I get my award and I cannot find a job that will accommodate me with work restrictions does EDD pay me 35% or if I get a job that I can only do part-time 4 hours a day does EDD pay for the rest this is a very scary situation my case and December
EDD will not pay out the permanent disability award. If an injured worker is 35% permanently partially disabled, after apportionment, and is a max wage earner for PD, then the insurance company will pay out the 35% award which is $48,140 for a recent injury. Workers' comp insurance will pay out that 35% whether the injured worker returns to work or not, or whether the injured worker finds another job in the future or not. EDD's payment of benefits is completely independent of the PD rating. EDD will pay out if the injured worker is off work due to disability and has funds available in his or her EDD account to pay.
What if doctor places restrictions on future work? 6 hours per day only which he equates to 25% loss in functionality with 2% WPI? Wrist injury.
I'm not sure what you're asking. The work restrictions imposed can be very different from the level of impairment. The amount of permanent disability paid on a workers' comp case is really paid based on the WPI rating, and is not generally impacted by work restrictions. A 2% WPI rating alone with probably be worth less than about $5,000 once rated out for age and occupation.
I have a court date with work comp judge on my partial disability from a total knee replacement. What kind of questions can I expect to be asked at this hearing. I’m here in California
It depends on the type of hearing, and whether you have an attorney. If you have an attorney, you will need to ask him or her what to expect. If you do not have an attorney, then you need to be prepared to discuss with the judge whatever the dispute is - whether it be treatment authorization, or TD payments, etc. If it's a trial on the case in chief, you need to be prepared to discuss whatever the issues are.
It’s regarding the payment of permanent disability. I believe they want to delay the payments since I’m still working. If they don’t pay me now , when are they required to pay( when I’m not working anymore). Any answer’s would helpful. Thanks!
@@mytube95831 The law changed a few years ago so that if the injured worker is continuing to work and earn at least 85% of their former salary, then no permanent disability advances are due. In that case the PD is paid out once the judge issues a Findings and Award or when the judge approves the Stipulations.
In the situation that you have a bad injury, and the Qme doctor says you can not work in labour market, and the doctor maintains their decission even after being deposed, that means a total disability? Who and what law regulates the individual capacity to participate in the open labour market? Does vocational experts rule on that or there is a federal or state law that has specific conditions which prevent a person to be in the open labour market?how does a qme doctor reaches the conclusion of ( unable to participate in the open labour market)?
Generally yes. If the QME says the applicant is precluded from participating in the open labor market, that generally means the injured worker is 100% totally disabled. It generally comes down to all of the evidence, from the PTP to the QME to vocational experts and the applicant's testimony. There are some conditions that are presumed to be 100% disabled in California, but otherwise it depends on the facts of the case. Every case is unique.
@@myworkerscompguide is there any law that determines the individual inability to work, In SSA they say if a person loses a day or two each month because of their medical condition , is considered disability. Does the same applies to worker compensation? On what basis the Qme determines this. I assume as a judge you may have seen this in at least few cases
@@avarora There is no strict definition such as losing two days per month. With QME's it generally comes down to the QME's opinion based on his or her training, experience, and expertise. There are some statutory presumptions that someone is 100%, but most doctors will impose permanent work restrictions based on each individual case.
in your experience i know you are not a doctor but what do you think about the rating , i got injured building scaffold 10+ yrs i delevop , spondylolisthesis , scoliosis and spondyarthritis .
my case still in adjudication waiting for an answeer its so slow.
It will really depend on whether the QME uses the range of motion method or the DRE method in the AMA Guides. It can vary quite a bit depending on how the injured worker is doing, how range of motion is, etc.
What if you have bi lateral spinal stenosis in lower back and neck from walking with a limp due to knee injury at work that caused limping for 3 years/ plus after failed arthroscopic surgery on left knee now both knees , over compensation on right knee,plus hurt left ankle also on day of injuries I landed on right buttocks and back on concrete right leg is constantly numb had nerve conduction, Neurologist Dr said due to sever radiculopathy less than sedentary . Filed for SSDI ,had facet and epidural in lower back didn't work back surgeon said they need to fix your gait first. Back surgeon Didn't think bulging disc in back enough to perform surgery on lower back. 2018 case still waiting on trial had to get a second lawyer all he wanted to do was settle early close case.Workers comp denied all new injuries,still haven't received payment It's a nightmare 💀 smh!!! For old injuries or new!!!
Workers' comp can be frustratingly slow, and it seems like workers' comp insurance companies deny most everything sometimes. As you have an attorney, he or she will know your case and strategy best. Best of luck to you.
I got a cortical contusion of the brain with hemorrhage. Didnt need surgery tho.
My question is, is that a catastrophic injury since it is blunt force trauma and a TBI?
It will depend on how the recovery goes, and generally depend on how the injured worker is doing once P&S. For 100% disability in California's system, it isn't just a traumatic brain injury. The Labor Code specifies it has to be "An injury to the brain resulting in incurable mental incapacity or insanity." It will likely boil down to what the QME's and/or PTP's diagnose.
@myworkerscompguide I'm def gonna attest my nuerological QME. The guy showed up late. Then he just asked me questions and did a quick exam.
Most those questions he asked was hard because the symptoms I have fluctuate and depends on certain things to.
He made me walk in straight line and I did it alright but how can one determine something off of that.
@@kingoftrolls19 You'll have to see what his report says. Sometimes my clients think the exam went poorly, but the report comes back great. Other times they think the QME was a great guy and going to write a favorable report, but it comes back horrible. Much will depend on what that report actually says.
@myworkerscompguide I was on work comp for 2 years. My TTD stopped and know they are switching over to PPD payments.
They sent a letter stating I would get paid 290 dollars for 131 weeks for a total of 37,890.
My question is can I take that lump sum and take as 1 or do I have to let them pay for 131 weeks.
@@kingoftrolls19 Until the case settles, the insurance will pay it out with a check every two weeks. The only real way to force a lump sum instead of the biweekly checks is to settle with a C&R, or to settle with Stips and then file a Petition for Commutation. I've never before seen insurance agree to pay out the PD as a lump sum before the case settles.
What about non-scheduled injuries?
I'm not sure what you mean by non-scheduled injuries. Injuries that are unplanned are certainly covered. As to the AMA Guides, they do not cover injuries, but rather the injured worker's condition or treatment received (such as ACL surgery, or a two-level lumbar fusion).
@@myworkerscompguide non scheduled or unscheduled...for example: neck, back, psychological, occupational disease, etc.
@@GAvet4lyfe I'm still not sure what you mean, and I suspect that may be because you are not in California. Each state has their own unique workers' comp system, and my videos are aimed only at California workers' comp cases. We don't have nonscheduled injuries. In California if the injury is industrial, then once the injured worker's condition reaches a plateau the level of whole person impairment is addressed using the AMA Guides, and that WPI rating is turned into a permanent partial disability rating using the 2005/2013 PDRS. The only way I could think of an injury not being "scheduled" in California is if the impairment was not listed in the AMA Guides nor in the PDRS, though I can't recall ever seeing that before.
@myworkerscompguide ok and it could be something covered under DBA OWCP only...im not sure, thx!
@@GAvet4lyfe Oh yeah, the federal program is REALLY different. Best of luck to you.
I got a rating of 16 percent on my back what does that mean ? They offer me money to leave should I stay or leave
As to the rating, if it is 16% WPI then that gets rated out for age, occupation, and apportionment. This video goes over an example - th-cam.com/video/lK7OEhD-vBE/w-d-xo.html If it is 16% PD, then that has a dollar value of $16,095 most likely. As to whether you should stay or leave, I cannot say. I can only explain how the workers' compensation system generally works. I cannot give advice as to what people should do.
I received a 53% disability from DEU, should that be a 6 figure plus settlement?
There are still a lot of variables. First, the DEU often rates a report before apportionment, so the rating may drop by quite a bit after apportionment. Plus, it assumes a maximum wage earner for PD purposes. Plus, that may be one QME or PTP report, but there may be others which get combined or factored into settlement talks. But if it is 53% PD after apportionment, and a max earner for PD purposes, then the dollar value of that is $85,622.50 per the State charts. But even then, that may change based on date of injury. Each case is just so unique.
@@myworkerscompguide thanks for your time, so what would that be in terms of a compromise and release settlement based on that rating? Also I had 2 QME's prior to the DEU. This is for a work truck accident, I have cervical damage in 5 discs and both shoulders I was giving permanent disability and I was 49 at the time of the accident I'm 51 now, they said $290 a week for 295.25 weeks.
@@walthouston3632 There's really no way to say what a case is worth without sitting down to meet with the injured worker, review the reporting, review the date of injury, printout of benefits paid to date, the anticipated future medical care, any penalty issues, etc. Every case is just so unique. I'd recommend talking to a local attorney for a consultation as to what your case may be worth.
I got a call from
Workers comp , they said the dr put me as permanent disability , and they said the dr valued it at 14k and that I need to sign forms and they will send me 14k in a check , I'm just very confused . It's due to a back injury I got at work , I just want more details and want to understand it more
It sounds like the doctor said your condition was P&S, and that level of WPI found by the doctor rated out to a PD level that equates to $14,000 roughly. They will likely send you checks of $580 every two weeks until the full roughly $14,000 is paid off. If you don't have an attorney, you should call the I&A Officer at your local WCAB office to discuss your options, and see if the report was sent to the DEU for an impartial rating. If it was the PTP who issued the report, you have the option of going to a QME who is an independent doctor, and you can discuss that with the I&A Officer as well.
@@myworkerscompguideoh ok , I will take that advice but I was also confused because I am still at the same job working , and I'm working full duty , so if I sign the forms will they put me off work ?
@@franciscorubalcaba861 I cannot speak to your individual case. I can only discuss how the system works in general. To discuss your case you should talk to a local attorney or the I&A Officer at the WCAB. In general, it is very common that a worker is injured, reaches P&S status, resolves the claim with Stipulations with Request for Award, and keeps working at the same employer. However, if the parties enter into a C&R instead, often times the insurance company will want the injured worker to resign from that job.
Disability said I can’t work on it. I got it but can’t work at all. So is there anything I could do. I have a disease called superficial Siderosis. Bleeding on the brain. Didn’t know that at the time I was approved. I also had a stroke the morning I had to go to disability office to get my checks started. Do u know why I can’t work at all? I’ll lose it. My speech is still horrible and I walk as if I’m drunk. I don’t know if there is a job for me out here. But do you know how I can find out if I’m 100% disabled? I called disability office and the lady acted as if she had no idea what I was talking about. So is that a veterans disability thing only? I hear ppl talking percentages like my brother who was in the Air Force. I don’t understand
I only have experience with California's workers' comp system. If you're in California, I'd recommend reaching out to a local attorney for a consultation to see what options you may have available to you.
@ thank you for the response
@@ajm689 Best of luck to you.