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Can Work Comp Appeals Board order retirement? - Printable Version

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Can Work Comp Appeals Board order retirement? - Amanda15 - 05-30-2020

I got injured in California, my employer did not pay to SSDI. My injury limits my ability to work, and my question is - can Work Compensation Appeals Board issue life time retirement payments? Work comp insurance offered me 40k for 32% disability, but that won't last long if I am unable to work.
Thank you all!


RE: Can Work Comp Appeals Board order retirement? - 1171 - 05-30-2020

A 32% rating means you are only partially disabled and you are expected to find work within your restrictions. Only a 100% rating is considered as Permanent Total disability.
Workers comp insurance only awards disability payments and is not associated with any retirement system..
In california a rating of 70% or more qualifies an injured worker for a life pension payment after The permanent disability is paid out.
Failure Of an employer to fund The employeesSocial Security account should be taken up with social security.


RE: Can Work Comp Appeals Board order retirement? - Amanda15 - 06-01-2020

(05-30-2020, 07:21 PM)1171 Wrote: A 32% rating means you are only partially disabled and you are expected to find work within your restrictions. Only a 100% rating is considered as Permanent Total disability.
Workers comp insurance only awards disability payments and is not associated with any retirement system..
In california a rating of 70% or more qualifies an injured worker for a life pension payment after The permanent disability is paid out.
Failure Of an employer to fund The employeesSocial Security account should be taken up with social security.

Thank you!
Is there a law that 70% rating entitles to a life pension?
Regarding the rating, AME only accounted for my neck injury calculating his rating. I have a C6-C7 torn disc which presses on a spinal cord and pain shoots down my arm. The damage to spinal cord and arm weakness was not accounted for. My neurosurgeon said I cannot lift over 10lb. I have an attorney and he only wants me to settle. I asked for a FCE, and he said it was not necessary since AME already found me unable to return to my current job. But wouln't FCE show limits to do other jobs? Should I insist on FCE or another evaluation by AME?


RE: Can Work Comp Appeals Board order retirement? - California_Help - 06-01-2020

(05-30-2020, 03:55 PM)Amanda15 Wrote: I got injured in California, my employer did not pay to SSDI. My injury limits my ability to work, and my question is - can Work Compensation Appeals Board issue life time retirement payments? Work comp insurance offered me 40k for 32% disability, but that won't last long if I am unable to work.
Thank you all!


Some employers like LA sheriff department do not deduct social security from paycheck due to having other retirement benefit. Does your employer have similiar? Do you know what is the reason why social security was not deducted from your paychecks?


RE: Can Work Comp Appeals Board order retirement? - 1171 - 06-01-2020

yes:
"4659.
(a) If the permanent disability is at least 70 percent, but less than 100 percent, 1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent is to be paid during the remainder of life, after payment for the maximum number of weeks specified in Section 4658 has been made."
California generally does not use an FCE; California uses the AMA guides for rating. Many FCE factors are different.
However there is case law that allows the court to interpret permanent impairment outside of the the strict AMA guidelines.
Your atty would have to show with persuasive medical evidence to the court that the rating in your case should be modified. it is a rare and difficult standard to meet and would likely require multiple appeals.


RE: Can Work Comp Appeals Board order retirement? - 1171 - 06-04-2020

Im glad that helped.


RE: Can Work Comp Appeals Board order retirement? - Amanda15 - 06-24-2020

(06-01-2020, 04:10 PM)California_Help Wrote:
(05-30-2020, 03:55 PM)Amanda15 Wrote: I got injured in California, my employer did not pay to SSDI. My injury limits my ability to work, and my question is - can Work Compensation Appeals Board issue life time retirement payments? Work comp insurance offered me 40k for 32% disability, but that won't last long if I am unable to work.
Thank you all!


Some employers like LA sheriff department do not deduct social security from paycheck due to having other retirement benefit. Does your employer have similiar? Do you know what is the reason why social security was not deducted from your paychecks?

Thank you very much! Yes, I worked for law enforcement. Can a functional capacity evaluation increase the rating, or will it at lease be considered by WCAB?