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what happens next? - fatimah - 10-24-2013

FINALLY had appt with AME who recommends Permanent and Stationary with restrictions, vocational rehab voucher and no more surgeries. What is the next step? Report should be with IC within the next week. Is this the time to sever relationship with employer or will IC do that for me.


RE: what happens next? - fatimah - 10-24-2013

(10-24-2013, 11:06 PM)fatimah Wrote: FINALLY had appt with AME who recommends Permanent and Stationary with restrictions, vocational rehab voucher and no more surgeries. What is the next step? Report should be with IC within the next week. Is this the time to sever relationship with employer or will IC do that for me.
Forgot to add my injury is carpal tunnel and ulnar nerve transition of the right wrist and elbow.




RE: what happens next? - 1171 - 10-24-2013

federal ADA laws require employers to discuss reasonable accommodation with their impaired employees.
if you haven't yet discussed a modified job with your employer, you should.

can I assume you are in calfiornia?
if so and the doctor's findings contain no errors or need clarification, then the report detailing your impairment will be rated by the state.
you will have to decide whether you want to buyout all future benefits or want the permanent disability payments and and future medical treatment.
your atty and the carrier's atty will draw up the appropriate paperwork an submit it to the court for approval.

to find out more review the fact sheet on permanent disability here
http://www.dir.ca.gov/dwc/iwguides.html



RE: what happens next? - fatimah - 10-25-2013

(10-24-2013, 11:57 PM)1171 Wrote: federal ADA laws require employers to discuss reasonable accommodation with their impaired employees.
if you haven't yet discussed a modified job with your employer, you should.

can I assume you are in calfiornia?
if so and the doctor's findings contain no errors or need clarification, then the report detailing your impairment will be rated by the state.
you will have to decide whether you want to buyout all future benefits or want the permanent disability payments and and future medical treatment.
your atty and the carrier's atty will draw up the appropriate paperwork an submit it to the court for approval.

to find out more review the fact sheet on permanent disability here
http://www.dir.ca.gov/dwc/iwguides.html

Thanks for the response,
Yes, I am in California. I have obtained an attny and am confused as what to do regarding employment.
My primary othro dr has released my from treatement due to AME visit and fact that request for P&S along with rehabilitation voucher is being written in report. Will I remain employed until there is settlement or should I pursue transition towards school? Attny states report will give vital info, however my off work order expires November 4th.


RE: what happens next? - Manley2 - 10-25-2013

Is your employer not able to provide you with reasonable accommodations?


RE: what happens next? - fatimah - 10-25-2013

employer is not able to provide reasonable accommodations. Restriction is no typing over 30 mins, because this is cust service environment, unable to interupt call when 30 mins of typing have arrived. No other positions available with the company.


RE: what happens next? - 1171 - 10-25-2013

if your employer cannot accommodate your permanent restrictions, you need to find other employment within your restrictions.
the sooner the better.


RE: what happens next? - fatimah - 10-25-2013

So it is ok to transition away from employer without jeopardizing settlement?


RE: what happens next? - 1171 - 10-25-2013

continued benefits are not contingent on remaining with an employer who cannot provide a job for you.
yes, you are entitled to additional benefits including a settlement amount for them whether you are employed with your original employer or not.
workers comp is not health insurance or any other an optional employer benefit-it's available to all employees whether they continue to work for the original employer or not.
you don't loose the benefit because you are so injured you can no longer continue with your original job; it's not just for minor injuries.
benefits accrue because of the work injury not because employment continues beyond the injury date.




RE: what happens next? - fatimah - 10-25-2013

I did not know that. Thanks!