P&S rating payouts (moved by admin from P&E Forum)

[pete64]

How do I determine P&S percentages to payouts for worker comp injuries?
There is a dollar amount for each percentage and how much. I am unable to find this information.
I have an acute degenerative cervical spine injury. I have Radiculopathy and accumalative damage of Carpal Tunnel.
Concerned in California.
Pete

[buildergirl1973]

pain and suffering??? we don't get paid for that. maybe someone will have better news for you, but i'm pretty sure settlements and such are based on the percent of disability rating, etc. good luck

[Lilly]

P & S permanant and stationary ?

Lilly

[1171]

it's a bit of a complex formula not a simple multiple; the number of weeks accelerates as disability increases.
here's a link to some tables
http://www.pdratings.com/
there are a number of variables.
P.S. don't confuse the physician's impairment rating with the disabiltiy rating used to calculate duration of PD payments.

[chrischris]

The max of $230 is paid biweekly. If you have an attorney, 15% is deducted and put into an account to pay him/her at settlement time. If your employer offered you an alternate position and provided accomodations for your injury, another 15% is deducted.

I just retired, and my PD payments are $230 less 30%. I have not been made P&S or rated by any doctor, but my I/C is estimating my injury will be 36% PD. I guess they estimate based on what the doctor has reported about my restrictions.

I have a second claim for psyche, which was denied, but I imagine when all is said and done, the PD from this injury will be added to the first injury.

Once I have seen an AME for orthopaedic, my claim will go to an MSC, (Mandatory Settlement Conference). We will either settle or go to trial. The PD already paid is deducted from your settlement.

That's about how it works, in a nutshell. Good luck!

[chrischris]

1171, Thanks for the site. Lot's of good info!

[1171]

good summary chris.

yes the PD from all the body parts (including mental) are included in a single disability rating. there is a multiple disabilty schedule that computes how they are combined.
California doesn't use the AMA guides in rating psychiatric impairment.

rating requires complex calculations but the rating guide is on line and has information on combining disabilities as weel as psychiatric ratings
http://www.dir.ca.gov/dwc/PDR1997.pdf

P.S. are you on PD advances because the 104 weeks elapsed?

[chrischris]

1171 Wrote:good summary chris.

yes the PD from all the body parts (including mental) are included in a single disability rating. there is a multiple disabilty schedule that computes how they are combined.
California doesn't use the AMA guides in rating psychiatric impairment.

rating requires complex calculations but the rating guide is on line and has information on combining disabilities as weel as psychiatric ratings
http://www.dir.ca.gov/dwc/PDR1997.pdf

P.S. are you on PD advances because the 104 weeks elapsed?

Yes! I was never paid TTD or TPD directly. It was included as a salary continuance, and the cost of my substitute was docked from my pay. My I/C contined the salary continuance even after the 104 weeks elapsed. Since they seem to run by a different drummer, I assumed they do what they want since they were a TPA.

[1171]

employers and employees are free to bargain within their labor contract for additional benefits above the statutory comp benefits.
wage continuation provisions are common in many such contracts so the "freedom" is limited. you can't get less then legally mandated.