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Disagree with AME can I request QME?
#31
I couldn't agree more California_Help. Every case IS different. And it is important that who ever reads my situation, does not mean the outcome will be the same.

Ever case is unique, and what worked for me, may not work for anyone else.

what I'm trying to convey is, this is what I did, and it might work for you too. But, at least you know that there is someone out here who has been through this, and what I did, and it may or may not work for you, but you do have a option to try.

I hope we all keep helping each other, the more we discuss, the more we learn.

I will have to look into this voucher thing.
 
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#32
Supplemental Job Displacement Benefit -Voucher Public Meeting – October 2, 2012
Division of Workers’ Compensation
Excerpts of Senate Bill 863
Labor Code section 4658.5:
(a) This section shall apply to injuries occurring on or after January 1, 2004, and before January 1, 2013.
(b) Except as provided in Section 4658.6, if the injury causes permanent partial disability and the injured employee
does not return to work for the employer within 60 days of the termination of temporary disability, the injured
employee shall be eligible for a supplemental job displacement benefit in the form of a nontransferable voucher for
education-related retraining or skill enhancement, or both, at state-approved or accredited schools, as follows:
(1) Up to four thousand dollars ($4,000) for permanent partial disability awards of less than 15 percent.
(2) Up to six thousand dollars ($6,000) for permanent partial disability awards between 15 and 25 percent.
(3) Up to eight thousand dollars ($8,000) for permanent partial disability awards between 26 and 49 percent.
(4) Up to ten thousand dollars ($10,000) for permanent partial disability awards between 50 and 99 percent.
© The voucher may be used for payment of tuition, fees, books, and other expenses required by the school for
retraining or skill enhancement. No more than 10 percent of the voucher moneys may be used for vocational or
return-to-work counseling. The administrative director shall adopt regulations governing the form of payment, direct
reimbursement to the injured employee upon presentation to the employer of appropriate documentation and
receipts, and other matters necessary to the proper administration of the supplemental job displacement benefit.
(d) A voucher issued on or after January 1, 2013, shall expire two years after the date the voucher is furnished to the
employee or five years after the date of injury, whichever is later. The employee shall not be entitled to payment or
reimbursement of any expenses that have not been incurred and submitted with appropriate documentation to the
employer prior to the expiration date.
(e) An employer shall not be liable for compensation for injuries incurred by the employee while utilizing the
voucher.
Labor Code section 4658.6:
The employer shall not be liable for the supplemental job displacement benefit pursuant to Section 4658.5 if the
employer meets either of the following conditions:
(a) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the
employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, modified
work, accommodating the employee’s work restrictions, lasting at least 12 months.
(b) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the
employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, alternative
work meeting all of the following conditions:
(1) The employee has the ability to perform the essential functions of the job provided.
(2) The job provided is in a regular position lasting at least 12 months.
(3) The job provided offers wages and compensation that are within 15 percent of those paid to the employee at the
time of injury.

This is what I found out so far. If you go to WCAB you can read the rest. Type in vouchers in the search bar.

My question is this. The ame and pqme wrote that I cannot compete in the labor market, due to injuries. Can I negotiate this out as a cash settlement.
 
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#33
I would ask an I&A officer. I don't know if your date of injury is still eligible for a voucher. There was a cut off a while back for applying so again you need to ask if you qualify for a voucher still.

I have no idea if you can negotiate educational and job retraining vouchers in exchange for cash. I have never heard of anyone doing that as their purpose was to improve an injured workers skill set. You can ask I&A officer or attorney.
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.
 
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#34
(05-08-2015, 09:52 PM)California_Help Wrote: I would ask an I&A officer. I don't know if your date of injury is still eligible for a voucher. There was a cut off a while back for applying so again you need to ask if you qualify for a voucher still.

I have no idea if you can negotiate educational and job retraining vouchers in exchange for cash. I have never heard of anyone doing that as their purpose was to improve an injured workers skill set. You can ask I&A officer or attorney.

No.  I found out that you cannot negotiate the voucher for cash.  I did follow the link and downloaded the voucher.   However the last page of it is a proof of service which the CA has to fill in.  Also it says that the 1st page has to be filled in by the CA .  So it seems like then this form has to be sent to me and not me having to send it to the CA.  I will contact her if I do not receive it in a week or so.

Thanks all for your help.  I especially liked Dolphin's fighting spirit and 117'3's and Callifornia_Help's solid knowledge of the process.
 
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#35
(08-25-2015, 11:01 PM)Josie68 Wrote: Thanks all for your help.  I especially liked Dolphin's fighting spirit and 117'3's and Callifornia_Help's solid knowledge of the process.
Should be - thanks 1171
 
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#36
Hi Josie, it does state the voucher cannot be negotiated for cash, I agree.

If you have any difficulties with getting your voucher or questions about the portion the IC has to fill out I would contact an I&A officer. 

 If your injury is after 1/1/2013 there is two parts of this payment system. After you receive your voucher, you can go to a kiosk at your WCAB and request the additional check that can be used for whatever you want.  

Can you come back to this site and explain exactly what you had to do to obtain your voucher and if you had any difficulties such as what you just mentioned the proof of service page so it will help others?
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.
 
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#37
(08-27-2015, 12:13 AM)California_Help Wrote:  If your injury is after 1/1/2013 there is two parts of this payment system. After you receive your voucher, you can go to a kiosk at your WCAB and request the additional check that can be used for whatever you want.  

Can you come back to this site and explain exactly what you had to do to obtain your voucher and if you had any difficulties such as what you just mentioned the proof of service page so it will help others?

Yes, I will share that here when I get my first payment cash or re-reimbursement for computer.  It is something new and apparently not used much, but it is worth $6000 so we all should take the benefit when we can.
 
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#38
Again if your injury is after 1/1/2013 there are two benefits with total of $11,000. 

I recommend reviewing the list of things you can use the college voucher for if injured after 1/1/2013 such as $500. can be used for anything and does not have to be accounted for and the computer portion can also be used for computer equipment, but there are other things listed such as books etc. The list of vocational colleges are listed on the website as well as any state college.

Take care.
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.
 
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