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Never say never
#11
Not sure if I’m saying this right.
1st claim for physical injury
2nd claim for psyche

Due to Benson Case Law, 2nd claim was apportioned 40% to 1st claim which equals 11% PD.

So when calculating Stipulation or C&R, the 11% of apportioned PD is deducted from claim 2.
Should it be added to Claim 1 for final PD calculation?
Let Go, and Let God......
 
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#12
yes, the first claim should include benefits for psychological/emotional disability including PD.
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........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#13
Then that is the error made in 2011. Even though it was all written out on stip form, the psyche wasn’t included on claim 1.
Geeeze, it looks obvious now. Should not have been overlooked or left off.

Thanks
Let Go, and Let God......
 
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#14
So your original psyche injury remains open and unfinalized.
Maybe The 11% rating should be combined with the physical rating and a new PD rating issued on original injury.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#15
(12-27-2017, 02:03 PM)1171 Wrote: So your original psyche injury remains open and unfinalized.
Maybe The 11% rating should be combined with the physical rating and a new PD rating issued on original injury.

Yes I think so.  I’ve worked myself into an OCD State just thinking about this and what to do.  I’m angry. Partly at myself for fully trusting my attorney and not catching this error sooner.  He was not prepared at my recent MSC and I actually told him maybe we should postpone so you and the DA can get your act together.  

While studying the Stip to try and find the error I also noticed it was dated 2010 but it was 2011.  Can’t believe this Pd error got past the WCJ, the DA, and MY attorney.   I’m pretty sure there is a statue of limitations on penalties, but possibly not on interest. 

I’m thinking that maybe the best solution would be to write up an amended stip to include the 11% apportioned psyche to my ortho Injury.  That would increase my ortho Injury to a PD rating of 75%. Do you know if it is an acceptable practice to amend a stip?

Thanks 1171.   I’m even thinking this error was not an oversight.  I had a horrible adjuster at the time.  So glad he left.
Let Go, and Let God......
 
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#16
Possibly. Amended documents are usually done when ther's been a clerical error.
This seems more then that.
Attys are good when dealing with court procedure and trial/hearings but often lack expertise when handling paperwork and processing details. They usually emloyee paralegals for those tasks.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#17
(12-28-2017, 12:48 PM)1171 Wrote: Possibly. Amended documents are usually done when ther's been a clerical error.
This seems more then that.
Attys are good when dealing with court procedure and trial/hearings but often lack expertise when handling paperwork and processing details. They usually emloyee paralegals for those tasks.

Don’t know if it did me any good but for 3 solid days I’ve done nothing but read LC, WC regulations, and case law. It did calm me down though. Made a short outline to discuss with my attorney. Now I need some sleep. ???
Let Go, and Let God......
 
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#18
Good for you. Being informed is the best thing you can do for your claim even when you have an atty.
it can help head off problems before they happen. All too often the value of good information is not appreciated until after the fact.
An informed client can be a good client that has more realistic expectations.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#19
My sources for case law and researching are pretty limited but from everything I've read, it looks like I’m excluded from filing a petition to reopen stips based on the 5-year statue of limitations, even with good cause.

There must be a way around this. I’m not asking for new PD or any additional injuries. I'm asking for a correction on the original stips calculation.

The PD in question was written on the stip in plain sight, but was not included in the calculations. This not only affected my final rating which would have been in the 70+ range, and I don't have to spell out what that means, but also grossly underpaid in total PD.

How do I find out if I have any option here, or have I just been screwed?

Is this my error for not catching it at stips hearing? Is it my Attorney's error? Is it the Defense's error, or is it the WCJ error? We all signed the Stips in 2011.

Feeling very frustrated.
Let Go, and Let God......
 
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#20
You should be able to correct the mathematical calculations if it's considered a clerical error at any time.
You likely will have to have a judge rule on that issue.
Your atty should have malpractice insurance.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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