[Toyster16]

(05-29-2014, 03:58 PM)1171 Wrote: there are no "state" doctors in california workers comp.
whether an agreed doc or a qualified doc is used they are all private practice physicians.

your doctor doesn't have to close down your treatment to settle.

if you are beyond the 104 weeks of temporary disability payments and have exhausted your SDI time, it may be difficult to wait out the year until your doctor is ready to declare you MMI and provide a rating.

SSDI is available to those with a year or more of disability.
http://www.ssa.gov/disability/


Is the 104 weeks from time of injury or time that WC started paying? Cuz for the first 9 to 10 months it was state disability. But the injury was in dec of 2012 so either way the 104 weeks have not been reached. I just talked to my lawyer and he said settlement can't be reached right now cuz I just had surgery 6 weeks ago and I'm still in treatment.

[1171]

number of weekly TD payments.
if the carrier has reimbursed SDI for your payments from them, then that counts as well.
see the fact sheet on TD
http://www.dir.ca.gov/dwc/iwguides.html

right--you are still in recovery and extent of permanent disability can't be established yet.
as I posted if you have not exhausted your TD, you should file for penalty for stopping your payments.

[Toyster16]

(05-29-2014, 04:41 PM)1171 Wrote: number of weekly TD payments.
if the carrier has reimbursed SDI for your payments from them, then that counts as well.
see the fact sheet on TD
http://www.dir.ca.gov/dwc/iwguides.html

right--you are still in recovery and extent of permanent disability can't be established yet.
as I posted if you have not exhausted your TD, you should file for penalty for stopping your payments.

Would my lawyer know if WC payed sdi? And my lawyer said that WC is or was supposed to mail my check out this week with penalties included. So I should be ok on that thanks.
Do you know if California WC does vocational rehab ? And if they do, is it at end of case or can it be done when doctor creates for light duty? My old employer sold the business so can't go back to them.

[1171]

yes, if the SDI lien has been paid he would be notified.
the automatic penalty is required for every late payment.
there is also a much stiffer penalty available thru the court for the worst and repeated offenders.
see L.C. 5814
http://www.leginfo.ca.gov/cgi-bin/displa...=5800-5816

[Toyster16]

(05-29-2014, 05:38 PM)1171 Wrote: yes, if the SDI lien has been paid he would be notified.
the automatic penalty is required for every late payment.
there is also a much stiffer penalty available thru the court for the worst and repeated offenders.
see L.C. 5814
http://www.leginfo.ca.gov/cgi-bin/displa...=5800-5816

Do you know if California WC has vocational rehab? And if they do, can it be used while case is still open (when DR clears for light duty) or only at end of case? My ex-employer sold the business so I can't go back to work

[1171]

california eliminated vocational rehabilitation benefits.
they have been replaced by a training voucher.
from the DWC website
http://www.dir.ca.gov/dwc/SJDB.html

[1171]

you are welcome; glad we could help.

[Toyster16]

(05-30-2014, 01:18 PM)1171 Wrote: you are welcome; glad we could help.

THANK YOU GUYS HAVE HELPED A LOT. Still having problems getting paid, just called WC and they have not sent anything in the last 38 days and no one knows why. They keep saying they will look into it.

[California_Help]

Do you know if they paid state disability back for the TTD? If o or if there is a lien it would make sense you have reached 104 weeks of TTD.

You can contact state disability and see if your work comp carrier paid them back....if so you may be eligible to apply for state disability again. I would discuss this with your attorney before you do anything. I am just making suggestions, and your attorney should be assisting you. I wish you well.

You should also apply for Social Security Disability. I recommend ASAP.

[Toyster16]

(05-30-2014, 06:57 PM)California_Help Wrote: Do you know if they paid state disability back for the TTD? If o or if there is a lien it would make sense you have reached 104 weeks of TTD.

You can contact state disability and see if your work comp carrier paid them back....if so you may be eligible to apply for state disability again. I would discuss this with your attorney before you do anything. I am just making suggestions, and your attorney should be assisting you. I wish you well.

You should also apply for Social Security Disability. I recommend ASAP.

I don't think I have reached the 104 weeks. The injury was in December of 2012. So the 104 weeks would make it in dec.