Permanent Disability and LC 4650 (b)

[casual1]

The insurance company must begin paying you permanent disability payments regardless of whether the extent of your permanent disability has been determinted (LC 4650 (b))
My AME report was 21 November 2011. Im still waiting for an outside rating from the AA, waiting for results. The AME report was faxed to IC on 08 December 2011. Based on LC 4650 (b), the IC has 14 days from receiving that report to start paying PD to the IW, is this correct based on 4650 (b). It does not matter that they are contesting one part of the AME report and acccepting another body part. I have yet to be paid 5 weeks later.
How would the IC know what to pay on PD? Do they conduct their own rating of the AME report? Do they rely on the Director of the courts for this rating? Do they rely on the AA outside rating report. How do they determine what PD to pay the IW?
Can someone please explain how this works?

[1171]

what is your state? you should put it in your profile so we don't have to ask every time.
if california then yes 14 days.
yes the carrier does their own rating to get an idea of the costs involved in your claim. it's just an estimate but they'll pay upto 85% of the uncontested amount to leave enough for atty fee.
the formulas are part of the rules and laws.
you need to file for penalty.

[casual1]

(01-16-2012 09:40 PM)1171 Wrote:  what is your state? you should put it in your profile so we don't have to ask every time.
if california then yes 14 days.
yes the carrier does their own rating to get an idea of the costs involved in your claim. it's just an estimate but they'll pay upto 85% of the uncontested amount to leave enough for atty fee.
the formulas are part of the rules and laws.
you need to file for penalty.

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Status Conference with DA yesterday. The DA stated that since there is a EDD lien on WC claim since IW gained SDI in 2010, they did not pay. The Judge did a preliminary hearing on EDD lien, stating that since IW collected SDI in 2010, due to collect PD starting in 2011 sometime in 2012, the EDD will not get the SDI back. The EDD lien still remains since this was a status conference, no permanent ruling.
LC 4650 (b) states that IC has 14 days from receiving the AME report to start paying PD. The AME report was faxed over the DA/CA on 02 December 2011 (report date 21 November 2011). Still IW has yet to receive any payment. How can I get DA/CA to at least pay me PD, starting 03/17/2011 (per AME report) on a undisputed claim (they have accepted 2 out of 3 body parts PD on AME report)? Is it acceptable that they wanted the EDD lien to be determined yesterday first before they start paying? How do I start collecting? What is the weekly amount? Is it $230 a week? How is this rate determined?

[1171]

i not sure what the EDD lien ruling was or has to do with your issues as your post was confusing.

you can get the carrier to start payments by having the court issue an award. the carrier will have to pay or appeal until their appeals run out.

minimum and maximum rates for disability are set by law and vary depending on the type of disability, rating, and the date of injury.

[Woodlawn]

That isn't what 4650(b) says. That particular code states that upon completion of TD, the carrier must start PD payments within 14 days of the date of the last payment of TD. If the carrier issued a timely PD delay, they do not have to pay PD immediately. Also, if TD was paid beyond the date of P&S per the AME report, they can assert an overpayment and take a credit against whatever PD was found.

As far as the PD rate, that's what the state says is the maximum per week. In the event no job offer is made within 60 days, the rate will increase to 264.50.

You really should speak with your attorney in order to get more specifics and perhaps have them explain the situation.