Please Help.... CONFUSED...

[lip56]

I just registered, this is pretty cool!!! So if you go back to the old and read this same story, disregard, sorry. I will make this quick. Friday got a letter from I/C. It came with a check. The letter stated that this payment and the ones to follow are for permanent disability. The payments will keep coming till it adds up to X amount of dollars. Just so I state all the facts, I am back at work, have been for about 2 month. Only restriction I have is no lifting over 30 pounds. By the way very happy to be back at work.  The letter also came with a flyer from the state website that states that the first  thing to get permanent disability payments is you doctor states that you are, and gives you a rating. Last time I was in his office was to go over the ct scan, which by the way showed I am partially fused. And that the only way to eleviate  my pain is to go back in, replace the cage with a 1 piece cage and go through the front. He did not do a test on me, or evaluate me for permanent disbility or anything, and I am still taking vicodin and soma. Question 1, WHAT THE HECK IS GOING ON??? I am going to call him tomorrow and the I/C. Well I did call both on Friday, but no answers. Question 2..... What is the difference between this and Permanent stationary ??? That flyer also sates that once I am permanent stationary, that this money will not come out of my settlement. I think it might be a good time to call an attorney. I got a bunch of numbers about 2 months ago from referals, time to call. Any help would be great. Thanks for taking the time to read and helping me.

[lip56]

Sorry, I added a couple of things. Off to work so if you respond and I do not get get back right away that is why. Thanks again.

[1171]

Permanent and Stationary or Maximum Medical Improvement is the point at which you are ready for rating. Obviously some doctor made that determination. I suspect that these are advances until they have the actual measurements done and the state rating bureau comes up with a calculation. These permanent disability payments WILL BE deducted from your final PD entitlement or any lumpsum buy out.
You can read about how california's PD works from one of the factsheets here
http://www.dir.ca.gov/dwc/iwguides.html

[lip56]

Thanks for the reply. Spoke with I/C adjuster and read the website, and read my book that I have. They all said the same thing. After I returned to work with restrictions and my TD stopped, if I qualify , I will start getting PD. It is the law. And I was wrong in my first post. And you were right, it is taken out of my award at the end. Here is my question though, if I take these payments, could they be setting me up for something ? If the way I put it makes sense. I am not PS, and will not be I think for a while. If I take these payments, could they think, he does not need the next surgery ? Which my doctor will be writing his report next week. I know by law they can not......but. Or I am I just paranoid ? Thanks again

[1171]

I think you are wrong again. i think a doctor told them you were P&S and that's why the advances were begun.
Whether you need the next surgery or not is a medical question; neither you or the adjuster can make that decision.
It is confusing that PD payments have begun while you are considering another surgery. are you losing any wages while on lite work?

[lip56]

Thanks for the response. This is so confusing. I spoke with my adjuster and my doctor, he did not make me p&s. I was confused and still am a bit. But on the California website and the IC website and this law book that I got my hands on all say the same thing. Once someone goes back to work full time with restrictions ( I do not know about without restrictions ) and the adjuster looks at the claim. He then decides if there will be some permanent disability when p&s, even though there might be another surgery. To answer your question, I was losing money while on light duty. And IC supplemented the diference. But now my boss put me back at what I was making before. That was the kicker, it started after he put me back at regular pay, and the other payments stopped. I just can not get it through my thick skull that they want to pay me PD when they do not know what my PD is going to be because I am not P&S, and I might have to get another surgery. When I talked to them they said that they looked at my case, with 4 back surgeries, still in pain, they figure I will have some PD. It just seems weird that they want to pay me so soon. So the payments are X amount, they have alloted lets just say for my story up to 27,000.00. Well if I take the payments up to that. Then I become P&S. Well if they award me 30,000.00, then like you said I will get 3,000.00. Or if they award me 25,000.00, then I am screwed, I owe. But I was talking to someone, they said it might look like kind of weird taking payments, then getting another surgery. I mean look weird to them. Thanks for responding, this website and people like you help me sleep at night. I like talking to my wife but she really kind comprehend what I am going through. Thanks again. Let me know what you think when you get a chance.

[1171]

It's not about whether they "want" to pay you or not. The law requires it.
While the law doesn't require you to be P&S before they begin advancing PD (however as a practical matter in most cases the worker is) but they do have to have a reasonable expectation that you have some PD. In your case, with 4 prior surgeries, they feel pretty confident that you do and I'd agree.
What confuses the situation even more is that they stopped advances when you returned to full pay. It may have been coincidental; but PD is due and payable whether you are working or not, so I'm not sure how/why the two events are linked.
Taking the advances is voluntary on your part so you can tell them to stop any time.
You're one of the lucky ones that are still getting a pay check. Many aren't and the advances are really necessary for them.
P.S. you don't get the PD in a lump sum when you get an award; they just restart the balance of the payments.

[lip56]

Sorry did not check the site yesterday. Family emergency. Thanks for the reply. I understand a little better thanks to your informative replies. It just seems weird taking the money, when I am not P&S, and I might be getting another surgery. But I guess it is like they say, it is what it is. Thanks again, I will keep you all informed to what happens. There are a couple goo threads that I want to comment on, I will later, gotta take my boys to soccer. Thanks again 1171

[1171]

any time...
goooooooooaaaaaaaaaaaaaaaaaallllllllllllll!