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pysch.
#21
Thank's ALOT. I do appreciate all your help.
 
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#22
Your claim is not subject to the 15% adjustment, since your injury occurred
in 2004.

Effective 1/1/05, the permanent disability is either increased by 15% or
decreased by 15%, depending upon whether the employer provides permanent
modified duties. Please refer to Labor Code Section 4658. Again, this
section does not apply to your claim.

Just got this from CA. Is this true?

DOI 11/04 NO report from any doctor saying PD.

I don't get to be rated under the old system, because of no report saying PD before 1/1/05, yet I am being rating on the 2005 PDRS.

Can they have it both way's?

 
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#23
Check with an I&A officer. I would argue you were not deemed PD until after 1/1/2015 (maybe). I would need to look up the labor code, and also look for case law in your favor.

Dolphins I read your post and I think it is a good idea you hire an attorney to help you settle your claim.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#24
the DOI controls AOE/COE rules for psyche not the date of PD.
the finding of PD does control which schedule is used but not whether it's covered.
when you find your labor code support please post the citation.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#25

SEC. 55. Section 4658 of the Labor Code is amended to read:
4658.

(d) (1) This subdivision shall apply to injuries occurring on or after January 1,
2005, and as additionally provided in paragraph (4). If the injury causes permanent
disability, the percentage of disability to total disability shall be determined, and the basic
disability payment computed as follows:
Column 1—Range of
percentage of permanent
disability incurred:
Column 2—Number of weeks for
which two-thirds of average
weekly earnings allowed for each
1 percent of permanent disability
within percentage range:
0.25–9.75. .............................................................................3
10–14.75 ...............................................................................4
15–24.75 ...............................................................................5
25–29.75 ...............................................................................6
30–49.75 ...............................................................................7
50–69.75 ...............................................................................8
70–99.75 ...............................................................................16
The numbers set forth in column 2 above are based upon the percentage of permanent
disability set forth in column 1 above and shall be cumulative, and shall increase with the
severity of the disability in the manner illustrated in subdivision (a).
(2) If, within 60 days of a disability becoming permanent and stationary, an
employer does not offer the injured employee regular work, modified work, or alternative
work, in the form and manner prescribed by the administrative director, for a period of at
least 12 months, each disability payment remaining to be paid to the injured employee
from the date of the end of the 60-day period shall be paid in accordance with paragraph
(1) and increased by 15 percent. This paragraph shall not apply to an employer that
employs fewer than 50 employees.
(3) (A) If, within 60 days of a disability becoming permanent and stationary, an
employer offers the injured employee regular work, modified work, or alternative work,
in the form and manner prescribed by the administrative director, for a period of at least
12 months, and regardless of whether the injured employee accepts or rejects the offer,
each disability payment remaining to be paid to the injured employee from the date the
offer was made shall be paid in accordance with paragraph (1) and decreased by 15
percent.
(B) If the regular work, modified work, or alternative work is terminated by the
employer before the end of the period for which disability payments are due the injured
employee, the amount of each of the remaining disability payments shall be paid in
accordance with paragraph (1) and increased by 15 percent. An employee who
4
voluntarily terminates employment shall not be eligible for payment under this
subparagraph. This paragraph shall not apply to an employer that employs fewer than 50
employees.
(4) For compensable claims arising before April 30, 2004, the schedule provided
in this subdivision shall not apply to the determination of permanent disabilities when
there has been either a comprehensive medical-legal report or a report by a treating
physician, indicating the existence of permanent disability, or when the employer is
required to provide the notice required by Section 4061 to the injured worker.
(e) This subdivision shall apply to injuries occurring on or after January 1, 2013.
If the injury causes permanent disability, the percentage of disability to total disability
shall be determined, and the disability payment computed and allowed as follows:
Column 1—Range of
percentage of permanent
disability incurred:
Column 2—Number of weeks for which
two-thirds of average weekly earnings
allowed for each 1 percent of permanent
disability within percentage range:
0.25–9.75 ....................................................................................3
10–14.75 .....................................................................................4
15–24.75 .....................................................................................5
25–29.75 .....................................................................................6
30–49.75 .....................................................................................7
50–69.75 .....................................................................................8
70–99.75 .....................................................................................16
(1) The numbers set forth in column 2 above are based upon the percentage of
permanent disability set forth in column 1 above and shall be cumulative, and shall
increase with the severity of the disability in the manner illustrated in subdivision (a).
(2) If the permanent disability directly caused by the industrial injury is total,
payment shall be made as provided in Section 4659.

If you go on to read 4659, it might indicate that I am eligible because first report indicating pd is in 2006
 
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#26
I wrote maybe above, 1171.

I would look for case law that helps you.

I also think it is worth hiring an attorney to help settle your case, especially if it is complicated.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#27
sounds like you are calling my response out.
on what basis do you believe my response may not be correct?
if you want to challenge my answer, post your citation.

the only "maybe" is your inability to provide any information one way or the other on the issue.

there is no maybe on the psyche injury coverage.
Labor Code section 3208.3(d) is explicit and the case citation I gave is definitive.

let's offer better help then that to those that come here.
giving any answer with the caveat that it "might" be correct would be of little help to anyone especially when the correct information has already been provided.



Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#28
What about the 15% increase 1171? Am I entitled too that?
 
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#29
was not responding to his psych question. That I agree with you 1171.I was not "calling your response out" lol.

I was responding to his date of injury vs date of permanent disability question for increase of 15 for PD payments of not offering a position after P&S. He may be able to argue that to fall under the 2005 schedule (do not know that is a maybe). It appears Dolphins your claims adjuster is going back and fourth on what schedule you fall under, on whatever benefits them or am I reading this wrong?

Again, I think hiring an attorney during this time to settle your claim would be beneficial. I agree that this is not like civil law, but I disagree that benefits are clear cut. Often times attorney's knowledge comes in handy and they can prevent the IC from taking advantage. If you cannot hire an attorney, I suggest sitting down with an I&A officer.

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#30
Thanks California_Help.

That's what I am thinking. They can't have it both ways.

I will check with I@A officer.

If you look at it through the eyes of the CA, he is saying, my doi is 11/04. there is NO report stating PD before 1/1/05, therefore on that issue, I fall under the 2005 PDRS. When it comes to psych, was NOT employed more than 6 months, therefore that doesn't apply, When it comes to the 15% increase, the rules say my injury must be on or after 1/1/05, it wasn't.

When you take them individually, it would seem I'm screwed. They ALL apply to the rule book, and we ALL follow the same book.

I see your point, but, I could fall between the cracks on these issue's.

We go to court next January, will bring these issue to the judge.

In the mean time, I will continue to research till I have all the facts, then go from there.

Please continue to do research for me, if you can. I need ALL the help I can get.

I still need your help too, 1171.

 
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