I am new to this. Sorry in advance if I don't explane myself well enough. My injury happened in 2004 and I had c4 and c5 fused with a rating of 33% PPD. All was going fine and I settled, keeping lifetime medical. Since then I have had c5 and c6 fused and continuous PT along with pain management every month. My doc will be giving me a new rating next month. With the increase in my rating, does that change anything? Am I suppose to get another settlement? What is the purpose in the increase? Is it up to me to begin the process, if there is one? Oh yea, I just received a letter from w/c saying that they wanted to settle my lifetime medical. Is there anyone out there that can help me sort some of this out? I have so many questions...
with the PPD of 33%, can I draw disability? Sorry, I said that I was full of questions.
you did not give your state. work comp laws are different in each state. specific information depends on the state rules controling your claim.
Your issues reflect closely that which would come out of the california work comp system.
the new disability should be handled in similar manner as it was the first time.
iyou must be aware from your earlier award that impairment ratings do relate to additional disability payments. Like your prior experience Your doctor should be notifying the work comp carrier regularly of your condition especiallly since there has been an intervening surgery. I assume the carrier has provided treatment and I would expect the doctor to direct the impairment rating information to them. Like the last time they should handle it from there.
If in fact your disability has deteriorated then there will be an increase in your rating and additional disability payments.
Any change in your permanent disability will have to be formally submitted to the work comp court and approved approved by them.
Permanent disability is to help off set the liklihood of reduced future earnings.
you need to be specific as to what kind of disability you are refering to.
Social Security?
State Disability?
Private policy?
In the states that I am most familiar with, which does not include Ca., The process for an increase in PPD is pretty much the same as initial (% A). Application to the controlling authority, a round of new exams assessing the current whole person impairment ( % B) and then a final determination ( %= B-A ).
All of your questions are best sorted out by your atty. Free advice here is worth what you pay for it.
Cycler, Your Last Sentence threw Me a Little, or maybe I don't Understand the Meaning. It seems to be that Way between You and I Sometimes. Are You Insinuating that the Folks on Here who have had to Live through this w/c System, from a Lot of Different States, along with the Info. that 1171 and You Give, are Worth Nothing? There is a Wealth of Knowledge on Here, and even though 1171 and I May not See Eye to Eye, I think they, along with Bad Boy, Tim Belt, and Many Others have given Excellent Advice, and I have seen some form You Also. I am Asking this because this is a Brand New Person, Confused and Asking for Help that they May be able to Find Here, and I believe that Anyone with an Attorney would Double Check Our Answers with them, but Sometimes the Attorney is not Available, and these Folks are looking for Answers and Acceptance, I know that's what Brought Me Here. If I am Deciphering Your Sentence Wrong You have My Apologies, but I Personally don't want Prospective New Members to think the Info. given Here is Worth Nothing!!!
Still, I agree with you , I also don't understand what Cycler is trying to say. All the others welcome newbies and try to explain things in PLAIN English so they can understand. If I can't understand what Cycler was trying to explain, How in the world would a newbie . I would hate to see them never come back to the site.
Thanks to all that have read my message and replied. Like I said, I am new to all this and I am finding out that I have been pretty stupid to the entire situation. I will try to address the questions to make myself a little more clear: 1. I have never contacted an attorney. 2. I'm in Tennessee. 3. The only thing that I know about my rating is that it is set at 33% and that it is a rating of my disability. Again, the rating will be going higher when I return for my doc visit. I still work, only because I can't survive without an income. (I have two kids) Do I perform my job like I use to? NO! 4.I am just looking for advise, seems that I should have started looking 4 years ago. 5. My w/c is making it so hard to get approvals and I feel that if I don't settle my Lifetime Medical, they will drive me crazy.
Does this help? Last night was the first time reading this site. I will get use to the terms as long as everyone will be patient. Thanks again for any info!!
I understand what he is saying in regards to a new rating, but that is only because of being in the system for the second time. But take offense to his last sentence. Makes it sound as if we here that have been in or through the system don't know what we are talking about. That would be a big sign for anyone new to run as fast as they can and never come back to the forum. Cycler may know a lot about the system, but that doesn't give him the right to snub the rest of us.
Angel ^j^
Hi Ever After, welcome to the forum!
I don't know the answer to your question , BUT....I would be very leary of letting my lifetime medical get closed out. This is the reason w/c is TRYING to get you to do so. Since you've already had another surgery, and your injury condition seems to be deteriorating...THIS is why they are trying to get you to close medical...to save themselves future bucks!
Just my opinion as fellow injured worker...not an insurance, NCM, or w/c opinioned person!
Take care, Lilly
Lilly,
Thanks for your opinion. The only reason I have even considered the settlement is that I will have control over my medical care. Oh believe me, I have the figure in mind after research. I won't settle unless it is at least close.
Thanks again!!
well good! Don't be a stranger to this forum and don't let some of the member's answers scare you away, or make you feel as if people don't understand or KNOW what w/c pulls either, ok?
take care, Lilly
