05-28-2014, 11:00 AM
(05-27-2014, 08:17 PM)Toyster16 Wrote: I believe this is the last surgery but I'm still in the healing and pt process and WC is asking to settle they have not given an amount but are delaying my payments and all requests for knee braces and pt dr. Says he will not sing off for at least 12 months from day of surgery because of the extend of my injury.
If you are not working due to your injury you should be receiving TTD payments up to 104 weeks. Has this happened, if not you can apply for state disability?
New En Banc decision last week for California which states you do not have to be MMI/P&S to begin receiving PD payments after your TTD payments of 104 weeks end. The case is here.
http://workcompcentral.com/pdf/2014/misc...EnBanc.pdf
Can I ask how they are denying the brace? Is it denied through Utilization Review?
They determine a rating once you are MMI/P&S however some insurance companies try and settle before. I would discuss this with your attorney as there are several ways to settle.
Again, if you cannot work due to your injury I recommend applying for state disability.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.