08-24-2007, 12:26 PM
(This post was last modified: 08-29-2007, 12:34 PM by gaby0611.)
The way things are in California is really not too complicated in this regards as I understand them. First off you have to differentiate between the payments you receive. Initially when you are off work you are being paid TTD which can last up to 104 weeks at least under the new rules. At some point, could be prior to exhausting the TTD or long after, you will be declared P&S and receive your impairment rating. At this point if you were still on TTD it will cease. The insurer will now begin paying either PPD or PTD based on that rating. More than likely PPD since PTD is becoming a rarity. These payments are usually much smaller than your TTD. These are payments being made on account so to speak. What they are doing is beginning your settlement payout based on the projected amount you will be entitled to according to your impairment rating. At some point during this time they will negotiate an actual settlement either in an MSC or before WCAB. This settlement can be in one of two forms. The first is a stipulation with future medical. This is the smaller settlement and is what the initial projection was based on. The second form is a Compromise and Release. They do not have to offer this but if it is offered it is a higher dollar amount however you give up all future medical. Now with either settlement the PPD or PTD payments you have already received are deducted from what your actual final payout is since those were considered advance payments. If you have an attorney their fees which are capped at 15% and will be determined by the WCAB will also be withheld. The amount of the settlement will also be affected by whether you are given an offer to return to work by your employer. That is if you have not already returned. This offer must take into consideration any work limitation that have been placed upon you in the P&S report. If this offer is made whether it is accepted or not your settlement will be decreased by 15%. If no offer is made then the settlement is increased by 15%. I think I have covered the basics and hopefully not confused anyone too much.
WOW that really helps.
08-24-2007, 01:35 PM
(This post was last modified: 08-29-2007, 12:35 PM by gaby0611.)
Not exactly. It is your percentage of disability rating that determines how much you will receive. That is where the attorney will usually have the dispute and push for a higher rating. Now theoretically that has been calculated to include some loss of earnings. For instance as of 2005 the maximum weekly dollar amount of PTD is $230 (that is without the +/-15% for job offer). A 10% disability rating is calculated at something like 30.25 weeks. That would make the settlement worth roughly $6958.00 with future medical treatment if it is determined to be necessary. Now they can offer a C&R for a much higher dollar figure and you give up future medical. I don't know that there is any exact formula for what you may or may not be offered in that regards. The concept with such a settlement is that you are given the larger dollar amount and you will save it and use it toward paying your own medical. Now I know some attorneys will push for this type of award for obvious reasons. If you have good coverage under private insurance they may tell you to take the money and obtain your medical care through them. This is where things might be quesionable in my opinion however I am not well versed on all the aspects of this. I have been given conflicting answers in this regards and therefore do not want to pass along misinformation or my own personal opinion. One other aspect to consider under the California system is whether your condition may worsen. With the stipulated award you have 5 years from the date of injury to request to reopen your case. If your condition has worsened it may be possible to then have the rating increased. This deadline is very important. If your accept a C&R you do not have this ability.
Thanks for taking the time to explain all that. Helps a lot. I know they have vocrehab but this helps you attend a trade school and those type of professions (most of the time) pay a third of what I usually receive. This is terrible!!!