I am in California my injury happened in 2008, I have atty but no answers, I am P&S I have 2 MED repors 1 from my PTP with 49%WPI and 1 from a QME with 31%WPI and I have Psych report with 36%WPI I was send to a Vocational Expert and in her report I am unable to compete in labor market with 100% diminished future earning capacity I am 44 years old and was earning 50k, My atty went silent and I do not know what to expect, can somebody please give me and info on what my reports mean and since I can not work sad to say what should I expect in a settlement? If I'm any closer to settlement, Thank You any info is really apreciated.
Can I settle my case without my atty? Thanks
1171 Is this te right site for my post? is this the site where I may be able to get some info about my situation? thanks.
(04-12-2012 06:22 PM)classk Wrote: [ -> ]1171 Is this te right site for my post? is this the site where I may be able to get some info about my situation? thanks.
yes, the INJURED WORKER forum is a good place to have your worker's comp issues and questions viewed by the most visitors.
hopefully, some will have some insight and advice to share.
(04-12-2012 03:09 PM)classk Wrote: [ -> ]I am in California my injury happened in 2008, I have atty but no answers, I am P&S I have 2 MED repors 1 from my PTP with 49%WPI and 1 from a QME with 31%WPI and I have Psych report with 36%WPI I was send to a Vocational Expert and in her report I am unable to compete in labor market with 100% diminished future earning capacity I am 44 years old and was earning 50k, My atty went silent and I do not know what to expect, can somebody please give me and info on what my reports mean and since I can not work sad to say what should I expect in a settlement? If I'm any closer to settlement, Thank You any info is really apreciated.
Can I settle my case without my atty? Thanks
there is a huge disparity- benefit wise - between permanent total disablity (100 %) and someone who is 31% disabled.
there are many variables used to convert a WPI rating from a doctor into weekly permanent disability payments.
permanent total entitles a worker to their TTD payments for the rest of their life. partial disability-anything less then 100% - has much lower weekly rates and generally lasts a limited period. those limits are determined by the final permanent disability rating.
settlements can either be weekly payments with open medical or a lumpsum amount that closes the claim.
if the parties can't agree on a lumpsum the comp court will award the weekly payments.
you can find out more about awards and compromise & release settlements here (factsheet D)
http://www.dir.ca.gov/dwc/iwguides.html
if your atty has been dismissed and replace by yourself then you would be free to negotiate a settlement of your claim.
the atty will still be entitled to a fee for the services given before being dismissed.
Thank You 1171 little by little I am understanding where Iam in WC. any info on the report of 100% diminished future earning capacity? Do I qualified for this? if yes, what do this means? I don't want to get in to the PAIN or DEPRESSION details we all know what it is, I CAN NOT WORK. Again Thank You very much for the info.
it means your atty wants the judge to overule the rating schedule and set your disability at 100%.