Advance

[Shoes]

While I am at MMI, all I am doing is waiting. There is a dispute regarding the rating. Can I ask for an advance on the part of the rating that is agreed on? I have asked the insurance company and they said no. Can I go through the courts as a hardship case just to get something to live on until this rating thing gets settled? I live in California.

[1171]

you are entitled by law to reasonable advances against the undisputed PD.
if they are not making them then you can file for a penalty.
i don't believe the court allows an expedited hearing for PD issues.
http://www.dir.ca.gov/wcab/WCAB_Policy_P...ual.html#4
you can apply for unemployment and you should be looking for work within your restrictions.

[Shoes]

(07-15-2011 03:16 PM)1171 Wrote:  you are entitled by law to reasonable advances against the undisputed PD.
if they are not making them then you can file for a penalty.
i don't believe the court allows an expedited hearing for PD issues.
http://www.dir.ca.gov/wcab/WCAB_Policy_P...ual.html#4
you can apply for unemployment and you should be looking for work within your restrictions.

Thanks for the quick answer.
I am getting PD payments (less than $900 a month), it is not enough to live on. Is this concidered the 'reasonable advances' you mentioned? Or could I request more, based on the agreed part of the QME?
Also, I cannot collect unemployment as my employer has yet to let me go. They cannot find work within my restrictions, but will not lay me off so I could collect the unemployment.

[1171]

depending on your date of injury and PD% the maximum PD rate is $230 week.
and that is all the law requires.
PD is not a replacement for wages and is not intended as a living wage.
if they don't have work within your restrictions then you are not employed--your condition is unlikely to change.
file for unemployment.
you are either working or terminated.
whether you think you are or not is not important; it's how UI classifies you that triggers benefits.

[Shoes]

(07-15-2011 03:38 PM)1171 Wrote:  depending on your date of injury and PD% the maximum PD rate is $230 week.
and that is all the law requires.
PD is not a replacement for wages and is not intended as a living wage.
if they don't have work within your restrictions then you are not employed--your condition is unlikely to change.
file for unemployment.
you are either working or terminated.
whether you think you are or not is not important; it's how UI classifies you that triggers benefits.

Six months into my injury, I was given restrictions that my work could not support. I asked if I would be let go and they said no. A year into this, I applied for unemployment and was denied. The unemployment office said I was still employed and until they release me, I could not collect unemployment. I asked if I quit if I could and they told me no. It has been 3 years now. Can I force them to let me go?

[1171]

if you were on TTD at the time you were not eligible.
employers cannot hold up legitmate UI benefits by playing a word games.
i think you need an atty to give you professional representation on these issues.
appeal any UI denial.