settlements?

[rholmes]

1171 Wrote:I'll try to remember you are in california but there are a lot of posters .....

maybe some smilleys will help lighten up those who read my posts


"What they have done is since the first injury 15 years ago they have lumped or added all the injuries together as a whole body injury. make sense so far?"

In california what you are refering to is called a "cumlative Trauma" claim. It is separate from a specific incident and allows a filing when the cumlative effects of repetitive movements/incidents taken together over a period of time result in an injury.
It allows a single impairment rating rather then individual ones; the calculation formula allows more $$ with one large rating then multiple small ratings.

:rolleyes

"now what they do is make every aggravation or flare up a whole new injury"

generally whether the need for treatment is an aggravation or a recurrance is a medical decision and not one either the employer or employee makes. It's always been the law in california that aggravations are considered new injuries.
:shy
"That equals 4 injuries but they have made them into about 16 claims instead of 4"
Injuries do not refer to different body parts but different events. some injure 3 or 4 parts of their body in one fall -- that is only one injury.



"The reasons things have went for so long I believe is because everytime we got close to going to court the i/c would get a new attorney and we would have to start all over again with depo's and doctors."
It shouldn't. you can object to multiple depositions going over the same questions. maybe you are correct about your atty.
multiple doctor visits are a bit different because it does seem that your condition changes regularly or at least after each incident. that could make it difficult to get a MMI reading of your permanent impairment.


"I am just wondering If i am still intitled to a lumpsum settlement or is the TTD payments considered my settlement?"

No one under california comp law is entitled to a lumpsum settlement. The law allows the parties to aggree to a buyout but no one can guarentee both sides will agree.
If they paid TD it doesn't sound like injury is in question so probably none of the TD payments will be deducted. You are still entitled to Permanent impairment benefits. They may still have to repay SDI so that amount could be deducted.
Complicated cases are difficult to answer on a message board.

"I see no one on here has been waiting as long as I have and I just don't get it."

Are all your injuries and conditions permanent & stationary? Impairment benefits and any negotiations can't be completed until all your disability is known.


Did I give you a link to the california guidebook
http://www.dir.ca.gov/CHSWC/Reports/Work...-3rdEd.pdf
or their fact sheets
http://www.dir.ca.gov/dwc/iwguides.html
especially "D" that deals with PD benefits?


I think a message board makes posters "hear" words that are harsher then intended.
hope all the smileys have softened your ears

((((((((((((((((((((1171))))))))))))))))))) big hugs to you :-) thanks for that information and the link I will check it out.

[madbiller123]

if you get permanent total disability are u still entitled to an award and back pay or just the total disability?

[rholmes]

Madbiller,

If you are in cali click on that link above in 1171's post. It will give you all the info you need. But I think to answer your question is it TTD or Pd? If it is TTD then I think you do get a buyout or a settlement in the end when your doctor puts you P&S but if you are getting PD that will be deducted from any award you may be entitled to. But please click the link to make sure I have that right.

[1171]

If you are getting permanent total disability payments you are entitled to an award for future medical care. Probably/hopfully you also received all your TD.

[madbiller123]

1171 Wrote:
If you are getting permanent total disability payments you are entitled to an award for future medical care. Probably/hopfully you also received all your TD.

i live in nj i was injured back in 1998 i received 6 months of temporary disability benefits that is it. now my case has finally come to setttlement. they say i'am only entitled to permanent total disability payments that's it. i was to believe that i was entitled to my back pay plus an award plus the total permanent disability payments until the day i died??????

[1171]

California laws are different then those in new jersey. Here's their website
http://www.nj.gov/labor/wc/wcindex.html

[madbiller123]

1171 Wrote:


California laws are different then those in new jersey. Here's their website
http://www.nj.gov/labor/wc/wcindex.html

thanks for the help but i'm still batting zero here!!!

[Lilly]

1171,
Me thinks you are humurous and informative....with or without all the smileys. Lilly

[1171]

mad:

:Dworkers comp never pays missing wages; it's always a percentage called "disability". An "Award" generally is court ordered work comp benefits. You may have gotten confused and thought that you were going to get 3 separate payments when in fact you were always only getting one: "an award for permanent total disability that was based on the amount of your lost wages."


"smilleys! i need more smilleys"

[madbiller123]

1171 Wrote:
mad:

:Dworkers comp never pays missing wages; it's always a percentage called "disability". An "Award" generally is court ordered work comp benefits. You may have gotten confused and thought that you were going to get 3 separate payments when in fact you were always only getting one: "an award for permanent total disability that was based on the amount of your lost wages."

i cannot believe that all i am getting is 800.00 a month for life with no award money or back pay they owe me 9 yrs in back pay this is CRAZY!!!! and closed medical. i have spoken to 3 different lawyers in the law firm nobody knows anything!! crazy!! what can i do legally here!!! THIS IS HORRIBLE!!! i live in NJ
"smilleys! i need more smilleys"