trying to understand

[pavilion212]

[/i] Hi all, I am in California and my two years of getting ttd will be up this month and there are no signs of going back to work.
If I am getting this right, w/c will have to start payments that will be from my settlement? It will be much less than I have been getting?
I have also been told that in California you never get a lump sum unless you are willing to give up your medical?
If anyone could shed some light on these topics I would be thankful.
Sandra

[Lilly]

Hi there!
bumping tthis up for you....as the are many California people on here.

Take care, Lilly

[1171]

California law requires that reasonable advances on potential permanent disability be started at the conclusion of temporary disability payments. These advances are deducted from whatever formal and final permanent impairment is found. The maximum rate for permanent disability is significantly lower then that for temporary disability.
It is rare that a carrier/employer would not include future medical in any lumpsum buy out (compromise & Release) but it can happen.
there is also a process whereby the court would allow future permanent disability payments to be paid in a single sum after being reduced for the loss of interest (commutation). This can be done at the time the PD is found or any time thereafter.
The information & Assistance officers for the division of workers compensation
can give you detailed information on these issues.
http://www.dir.ca.gov/dwc/IandA.html

[chrischris]

When your 2 years TTD run out, you will receive a letter from your adjuster explaining that Estimated Permanent Disability payments will begin, and paid to you biweekly until they are all paid. I think it's around $220 max per week, but if you have an attorney, 15% will be held aside until your settlement is made. Your doctor will provide the insurance company what your work restrictions are so an estimated rating can be made. They have a very precise formula they use to come up with a rating. At the time you are made P&S, you will be ratied by an AME, and that is when your attorney will start talking settlement with the defense attorney by a MSC (Mandatory Settlement Conference) held at the WCAB.

The different types of settlement are explained in detail on the california DWC site, and here is a link to guides for injured workers: http://www.dir.ca.gov/dwc/iwguides.html