100% Diminished Future Earning Capacity

[classk]

my claim is in california, date of injury january 2008. I was earning $48000 a year I was 40 years old,I am now 44, I am P&S or MMI with a 82% Whole person impairment by my doctors, of course QME's reports MMI with 66% Whole person impairment ( 16% less,can You imagine) I have permanent work restrictions and my employer did not took me back, I was let go, I sow a Vocational Expert and the final report estates ( Because of his diagnoses, his orthopedic work restrictions his requirement of no use of his upper extremity, his need to wear a sling,his medication intake, his GAF score of 47, his limited work skills and lack of trasferable skills to perform other jobs based on LC4660 and LC4662 he has experienced 100% Diminished Future Earning Capacity since he has been unable to return to work since 2008 and is still unable to do so, He is not amenable for Vocational Rehabilitation and is presumed to be totally disable, he has reach MMI and his condition has been determined to be Permanent and Stationay) My questions are: does anybody have a ball park idea what will be my final PD rating with all these information? and is it true that if You can not go back to your employer or if they don't take You back like is my case your claim becomes 100%? any info is really apreciated.

[1171]

no, it's not true. many many injured workers change jobs after an injury. temporary total is different then a 100% rating.

100% rating is reserved for those who can do no work for any employer.
I'll guess it'll settle for approx 66-69%.
the carrier may give a couple % if you go to court on the VR report.

[classk]

(06-16-2012 12:18 AM)1171 Wrote:  no, it's not true. many many injured workers change jobs after an injury. temporary total is different then a 100% rating.

100% rating is reserved for those who can do no work for any employer.
I'll guess it'll settle for approx 66-69%.
the carrier may give a couple % if you go to court on the VR report.

Thank You 1171 for your information, I have another question?: lets say I settle for 75% and the only jobs I can do (If theres any job for me that meets my disability restrictions) pays minimun wage, can I claim future loss of earnings under sb899 since I was earning more than minimun wage? again Thank You 1171 for your info.

[1171]

you can claim all you want but if you agree to a 75% rating it's fixed and can't be changed.
future earning capacity is a factor in determining a rating not a separate supplemental benefit.

[classk]

(06-16-2012 03:50 PM)1171 Wrote:  you can claim all you want but if you agree to a 75% rating it's fixed and can't be changed.
future earning capacity is a factor in determining a rating not a separate supplemental benefit.

1171 Thank You very much for all the info You gave me, I spoke to my attorney (finally) is easier to speak with Obama, anyway I was told that my PD rating after all the factors and some formula is 88% but because of the vocational rehabilitation evaluation report my attorney is going to go for 100%, is this possible? or I am been told bullkaka? Thank You again.

[1171]

ahh great.
looks like they gave you the full almarez/guzman value for the FEC component
must have been a very credible VR report.

there is an early caselaw that allowed VR factors to supercede the rating LeBoeuf).
but post guzman/amarez it has had less success.
since the benefit difference (and atty fee) is substantial and there is little downside other then time and work- some attys think it's worth pursuing.
no doubt it will have to go to trial.

[classk]

(06-16-2012 06:58 PM)1171 Wrote:  ahh great.
looks like they gave you the full almarez/guzman value for the FEC component
must have been a very credible VR report.

there is an early caselaw with very limited application that allowed the VR report to supercede the rating (Le Boeuf).
but post guzman/amarez it has not been very successful.
since the benefit difference (and atty fee) is substantial and there is little downside other then time and work- some attys think it's worth pursuing.
no doubt it will have to go to trial.

Well if it goes to trial what do I have to lose? is there any risk going to trial versus compromise and release? I mean I allready lost everything,my well being, my job, my new truck, my home, etc. etc. the only thing is that I may have to waite couple of years before settlement? right 1171, Thanks again.