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Looking for answers California
#1
I would like to thank in advance for any help.
I have a lawyer who's doing his job but lacks communication.
I had an open heart surgery in 2006 but I didn't fill a worker compensation claim till 2010 when I suffered a heart attack. The claim was denied by the insurance company.
In the last couple of month I received a AME report from a physical examiner with a 25% injury work related and Psychological report with a 100% work related injury.
Last week I had a hearing (rating MSC) and the judge rated my injury 8.75% and 44% WPI.( the insurance company lawyer didn't show up)
How do I obtain a PD percentage?
To this day I haven't received any benefits.
when do I start receiving benefits?
I had a new letter from my lawyer to appear at notice of status conference.
What's this mean?
Thanks again
 
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#2
here is a table of PD ratings
http://www.pdratings.com/storage/2012pdchart.pdf

sounds like your benefits need to be awarded by the court; a verbal opinion at a conference is not sufficient.
if the carrier does not appeal then within 30 days of the courts award benefits should be picked up.
a status conference is a face to face meeting between the parties to find out where they are in regard to resolve remaining disputes.

I suspect your atty is trying to negotiate a lumpsum buy out of your claim.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(11-20-2012, 02:02 PM)1171 Wrote: here is a table of PD ratings
http://www.pdratings.com/storage/2012pdchart.pdf

sounds like your benefits need to be awarded by the court; a verbal opinion at a conference is not sufficient.
if the carrier does not appeal then within 30 days of the courts award benefits should be picked up.
a status conference is a face to face meeting between the parties to find out where they are in regard to resolve remaining disputes.

I suspect your atty is trying to negotiate a lumpsum buy out of your claim.

thanks for your answer, I have one more question
which one of the percentage should I take in consideration from a physical examiner with a 25% injury work related or Psychological report with a 100% work related injury.
 
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#4
yes the number of different percentages used in your case can be confusing.
you use the permanent disability rating.
not the apportionment % (25% & 100%) and not the WPI % (44%)

I assume the judge combined the psych WPI with the heart WPI to arrive at the 8.75% disability rating (round it up)
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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