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Question about P&S
#1
State of CA

So little background, I got injured at work in August 2016 (i was a custodian) with a lower back injury. Continued working on restrictions/modified duty until January and then placed on Medical leave, than as of May 2017, I was let go due to exhausting my time and being placed on a 39 month rehire list.

Went to physical therapy and did water aerobics and nothing helped, finally had an MRI to show that I injured my lumbar spine with a tear. Still nothing helped me to get over the injury. I finally started to do home excersies for the whole body and my back pain slow started dying down.

Anyway, I met with a QME twice in February and June. This last examination I've reached Maximum Medical Improvement and I'm able to return to work without restrictions once I visit my work release doctor. But then I get the report from the insurance adjuster saying that I'm rated at 7% by the QME. That my Temporary Disability Payments have been exhausted and stopped but due to the rating, I'm now on Permanent & Stationary disability. So cause of that, I'll be placed on Permanent Disability for 21 weeks for so so amount.

I'm kind of confused about this. Am I still going to receive disability check? Also what exactly does P&S mean? I can no longer do my heavy manual labor work as before, cause it will result in aggravating the injured part of my back.

I also received a DEU Form 100, Employee's Disability Questionnaire Form DWC. What does this form mean? Do I have to get another evaluation by another doctor?
 
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#2
The DEU 100 will allow the state to convert your impairment rating to permanent disability payments. California modifies ratings based on injury, age and occupation.
Permanent & Stationary is the same as Maximum Medical Improvement. It is the point at which you stop being temporarily disabled. You will receive checks for the final permanent disability awarded by the comp court.
There should not be other medical evaluations needed.
You can find out more about permanent disability benefits here
http://www.dir.ca.gov/dwc/iwguides.html
There is also job displacement training available
http://www.dir.ca.gov/dwc/SJDB.html
http://www.dir.ca.gov/RTWSP/RTWSP.html
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#3
Thanks for the reply and those links! Cleared up my concerns.
 
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#4
great. this stuff can be complicated. glad to help.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#5
One more question, maybe I skipped it in those links, so they can they change my rating (7%) after I sent in my DEU 100 form?
 
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#6
there are 2 ratings:
1 the impairment rating the physician makes.
2 a disability rating the state uses to calculate additional payments.

I assume you are requesting a disability rating based on the doctor's whole person impairment determination.
the state will not change the doctors rating but will convert it into a disability %, which is separate.
doctors do not determine how much $$ you are entitled to.
the state's disability evalution unit makes that finding.
http://www.dir.ca.gov/dwc/DEU.html

from the permanent disability factsheet link:
"Who decides if I should get PD benefits? How is that done?

A doctor decides if your injury or illness caused PD. The doctor’s report is then turned into a PD rating. The
process used to turn the doctor’s report into a rating can vary depending on your date of injury and other
factors. The PD rating determines the benefits you’ll receive.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#7
Oh okay that makes sense.

I received the DEU 100 form two weeks ago with my QME report but barely sent it out yesterday.

I had also gotten my report from workers comp last week telling me about my temporary disability payment ending and switching to permanent disability for an estimated amount of $xxx for 21 weeks. And it stated depending on the DEU that the amount can change. Which got me confused.

So percentage wise won't change. Just most likely the payment.
 
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#8
Correct.
Your physical impairment determination from the doctor won't change (Whole Person Impairment).
The total amount of the permanent disability payments could change.
The carrier just gave you an estimate of what the DEU is likely to come up with.
I expect it'll be the same; they both have all the variables programmed in and yours seems to be a fairly standard impairment.
It's just better to have an outside source like the state do the final money calculation.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#9
I want to add if your treating doctor believes you are still too disabled to go back to work you can and should apply for State Disability. You can receive this up to a year. You can print out the form here and your doctor will have to fill out part of the form.
http://www.edd.ca.gov/Disability/Am_I_El...nefits.htm

Here comes my question, who picked your current work comp treating doctor, you or were you sent there from your employer or insurance company? In our state you can pick your doctor from your work comp insurance company's medical provider network. It is sometimes a good idea to do this especially if you are at an insurance friendly industrial clinic. (JMO) You can ask for help with this from an information and assistance officer.

In regards to your employment and termination I suggest contacting a few labor law/employment attorney's to see if you may have a claim.

Since your employer did not allow you to return to work you qualify for two vouchers totaling $11,000. The first voucher is for $6,000. and is for college, however some of it can be used to purchase a computer. After you receive that you qualify for another voucher for $5,000. This you need to go down to your local district work comp board to apply. The $5,000. can be used for anything.
https://www.dir.ca.gov/dwc/sjdb/SJDB_FAQ.html

If you have any questions contact and I&A officer for help.
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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#10
Thanks for the response 1171. I was hoping to keep the same amount that I was already getting but according to the PD I might get $200 less, which is okay since I have no major bills. But anything is better for now since I'm still not 100% to work still.

@California_Help, my employer. I was sent there once I was injured. I had a choice to go to another but since I would still have to go back to get cleared to work, or let my employer know if they are able to accommodate me for modified or light duty, (I work for a school district, so I'm dealing with SISC), I decided to stick with them instead. So even though I'm still receiving Workers Comp, I'm still able to receive State Disability?

As for termination of my employment, I seriously thought about contacting an law firm or an attorney but didn't want to go thru the hassle and many people told me I had a case both ways for my injury and termination.

Interesting about the voucher. I was reading about it yesterday, but read that my adjuster would have to send it to me for me to apply for it. Thanks for the link!
 
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