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Released to work! Now What? - Printable Version

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Released to work! Now What? - Fusion26 - 08-25-2016

First off before I ask my question let me give you a little info. I have had two back surgeries with the most recent being a 360 Fusion of my l5/S1.I'm located in California and have been on work mans comp receiving TTD checks for nearly 2 years. My 2 year mark will be this September. I'm currently 6 months post op and am doing relatively well despite residual pain. Today I went to my work mans comp doc to follow up and he decided it was time to release me back to work. He released me back to work with restrictions. The only problem is the company I worked for was sold while I was on TTD and I was laid off. So I have no job to return to. What can I expect now? Will I still receive any benefits? What am I entitled to? Will I be assisted in finding a new job? Also for the record I do have an attorney working my case, but was unable to get ahold of them. Long story short I was hoping for a little advice to ease my anxiety while I wait for a call back from my attorney. My biggest concern is what to expect financially seeing as my wife's income alone is not substantial enough to support our family. Thank you in advance for any info you may have....


RE: Released to work! Now What? - 1171 - 08-25-2016

I don't know what other resources you have but you'll need to develop them.
have you applied for SSDI?
since there is litigation, it may take many months to complete any kind of finalization.
you'll have to find a job within your restrictions.
I assume the restrictions are permanent.

You can request permanent disability advances-Smaller payments deducted from any permanent disability awarded.
Read the fact sheet on PD
http://www.dir.ca.gov/dwc/iwguides.html
And on SJDB
http://www.dir.ca.gov/dwc/SJDB.htm
And
http://www.dir.ca.gov/RTWSP/RTWSP.html

also Use the search feature. That's been asked and answered many times.


RE: Released to work! Now What? - Fusion26 - 08-25-2016

(08-25-2016, 12:00 PM)1171 Wrote: Thank you for your reply and resources. I did apply for ssdi but was not approved.


I don't know what other resources you have but  you'll need to develop them.
have you applied for SSDI?
since there is litigation, it may take many months to complete any kind of finalization.
you'll have to find a job within your restrictions.
I assume the restrictions are permanent.

You can request permanent disability advances-Smaller payments deducted from any permanent disability awarded.
Read the fact sheet on PD
http://www.dir.ca.gov/dwc/iwguides.html
And on SJDB
http://www.dir.ca.gov/dwc/SJDB.htm
And
http://www.dir.ca.gov/RTWSP/RTWSP.html

also Use the search feature. That's been asked and answered many times.



RE: Released to work! Now What? - 1171 - 08-26-2016

Glad I could help.
There is lots of basic information on the internet if you know where to look.


RE: Released to work! Now What? - Fusion26 - 08-26-2016

(08-26-2016, 11:18 AM)1171 Wrote: Glad I could help.
There is lots of basic information on the internet if you know where to look.

Quick question. The doctor released me back to work with restrictions, does this conclude me permanent and stationary? He did not say anything about MMI. How will this effect my current TTD checks?


RE: Released to work! Now What? - 1171 - 08-26-2016

no.
restrictions can be temporary or permanent.
many go back to modified work before getting a full release.
if they are permanent, temporary disability checks will stop.


RE: Released to work! Now What? - Fusion26 - 08-26-2016

(08-26-2016, 02:23 PM)1171 Wrote: no.
restrictions can be temporary or permanent.
many go back to modified work before getting a full release.
if they are permanent, temporary disability checks will stop.

Ok well thats good. At least I have a small time frame to look for a new job. As it turns out I actually have until October until Ive exhausted my 104 weeks. I spoke with my attorney today and it seems theres been a little disconnect as far as communication between the IC and my attorney in regards to medical records and my current treating physician. Looks like i should know more by Monday.


RE: Released to work! Now What? - 1171 - 08-26-2016

So in your mind the restrictions are temporary?
It's the written report that,s the evidence, not what was said or not said during your medical appointment.
Hopefully it supports continuing your TD payments.


RE: Released to work! Now What? - Fusion26 - 08-26-2016

(08-26-2016, 03:55 PM)1171 Wrote: So in your mind the restrictions are temporary?
It's the written report that,s the evidence, not what was said or not said during your medical appointment.
Hopefully it supports continuing your TD payments.

No, I definitely feel incapable of performing certain task and expect to have some type of restrictions for the foreseeable future. I was a ware house worker previously which is what resulted in my injury. I could in no way return to the same field of work. I do however feel capable of performing some type of sedentary work. I still deal with some residual pain on a daily basis, but have accepted with this type of injury to be completely pain free is unlikely or even unrealistic. I called the doctors office to confirm and it appears there has been no P&S report so I have yet to be declared MMI. It seems everything may begin to pick up momentum with my claim. I'm sure this is to soon to say or wishful thinking, but I hope to be done with the WC system soon. This whole process has been lengthily and stressful. It's truly trying at times both mentally and physically.


RE: Released to work! Now What? - California_Help - 08-28-2016

(08-26-2016, 04:12 PM)Fusion26 Wrote:
(08-26-2016, 03:55 PM)1171 Wrote: So in your mind the restrictions are temporary?
It's the written report that,s the evidence, not what was said or not said during your medical appointment.
Hopefully it supports continuing your TD payments.

No, I definitely feel incapable of performing certain task and expect to have some type of restrictions for the foreseeable future. I was a ware house worker previously which is what resulted in my injury. I could in no way return to the same field of work. I do however feel capable of performing some type of sedentary work. I still deal with some residual pain on a daily basis, but have accepted with this type of injury to be completely pain free is unlikely or even unrealistic. I called the doctors office to confirm and it appears there has been no P&S report so I have yet to be declared MMI. It seems everything may begin to pick up momentum with my claim. I'm sure this is to soon to say or wishful thinking, but I hope to be done with the WC system soon. This whole process has been lengthily and stressful. It's truly trying at times both mentally and physically.

It is very difficult for anyone on a site to answer the question if you will continue to receive TTD checks without reading your records. Your attorney would be the best person to ask. In the mean time I recommend having your primary doctor write you are TTD every time you see him in your reports.

If your TTD stops and you are not able to work you can apply for state disability. It will state you are past the deadline to apply, but for injured workers I have seen them make exceptions many times. You will need your doctor to fill out the EDD form. I recommend to go on the states website and print out a form for your doctor to fill out a month before your TTD 104 weeks is up.

At 6 months post op after a 360 fusion are you fused? I have read it can take a year to 14 months for some to fully recover from this surgery. I do not recommend rushing it. 

It sounds like you were injured after 1/1/2013. If so once you are MMI and your employer cannot take you back you are entitled to two vouchers. The first on is in the amount of 6 grand. I have not checked in a while but I think $1,500 can be used for a computer and $500 can be used for whatever you want. The remaining 4 grand can be used at any state college or other vocational colleges on a list. It can be used towards tuition and books. Once you receive your first voucher you can then go down to the district office of your WCAB and pick up your second voucher which will be a check for $5,000.. This check can be used for whatever you want.

After having such an evasive surgery I recommend going back to school if you are not qualified for sedentary work.


Take care.