PD settlement

[1058]

1171, the claim's adjuster has agreed to the percentage of PD corresponding to the WPI established by a QME calculated by a rater. I agreed also. Now the payments for PD are continuing as in the past 3 months, an amount 15% less as of this month. The claim adjuster let me know that these payments will continue until the amount corresponding to the PD percentage have been paid.
The claim adjuster let me know that a request for settlement authority has been made with my employer. Once authority has been obtained, the claim's adjuster will make a settlement offer. What do this authorization and settlement offer mean with respect to the PD payments?
At what point can I choose C&R versus STIP? Future medical care is included in my evaluation but I am not sure I want to have that treatment through WC.

[1171]

I assume you are in california.
you need to decide on stip with open med or C&R ASAP.
the amounts are different and the employer should know now what type of settlement is being requested.
you can request a quote for each and then decide.

[1058]

thanks 1171.
i am in california.
modified job offer was made and accepted: what does it mean that it covers 12 months?
i have been working as always, only over the last 2 plus years since the injuries with slight restrictions that have not impacted my productivity.
can the employer lower my salary under these conditions?

1171 Wrote:I assume you are in california.
you need to decide on stip with open med or C&R ASAP.
the amounts are different and the employer should know now what type of settlement is being requested.
you can request a quote for each and then decide.

[1171]

the duration of modified work has to be provided for a minimum of 12 months.
workers comp rule does not have a salary requirement.
the rules are here
http://www.dir.ca.gov/t8/10117.html
you are also entitled to a supplemental job displacement benefit
http://www.dir.ca.gov/dwc/rehab.html

[1058]

thanks again 1171.
within the modified job offer there is a stipulation that the job pay at least 85% of the salary at the time of the injury. although this is not in title 8, i read about it somewhere in the wc sites. there is so much info, it leads to overload!
i am not entitled to suppl. job displacement as i didn't stop working, nor do i need retraining of any kind.

[1058]

1171 the mention of 85% at least comes up in dwc-ad 10133.53 the offer of modified job.

[chrischris]

If your employer offers you an alternate or modified duty, and guarantees it for 12 months, and that your pay will be within 85% of your previous position, your employee is given a 15% reduction in your PD payments.

If your employer fails to make this offer, you are given a 15% increase in your PD payments.

These are calculated "advance" PD payments, and will be deducted from your settlement.

If you have an attorney, an additional 15% is withheld from advance PD payments.

[1058]

(08-29-2010 03:02 PM)1171 Wrote:  I assume you are in california.
you need to decide on stip with open med or C&R ASAP.
the amounts are different and the employer should know now what type of settlement is being requested.
you can request a quote for each and then decide.

I requested a quote for each. stip = continuation of medical care for 2 claims till 2013;
C&R = first CA addressed only the claim with PD of 19%, but indicated the claim number of the other injury with PD of 0%. When made aware of the wrong attribution, changed the settlement to reflect the same compensation for both claims.
Both claims had open med as an option.
Should the C&R not cover each claim separately?

[1171]

as long as the document references each one separately the terms can be contained in a single document.
I haven't checked with EAMS to see if it holds for an electronic filing.
a copy of the agree will go to each file.

[1058]

(04-22-2011 06:07 PM)1171 Wrote:  as long as the document references each one separately the terms can be contained in a single document.
I haven't checked with EAMS to see if it holds for an electronic filing.
a copy of the agree will go to each file.

[/quote]

1171
The terms presented for the PD settlement of one claim were given first. Then the CA added the other claim but the terms of the settlement and the amount of C&R offered were still the same as for one claim only. These are separate issues, different body parts affected.

Is it possible to keep one claim open for medical and close the other claim?

Where could I find info on the $ amount of a PD settlement for 19%. Is the settlement an agreement between the insurance co and the employer only without reference ranges?