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P&S with restrictions but no disability rating. What?
#61
Just to let you know, there are two different vouchers you can receive. The first one is $6,000. from your claims adjuster. The next one is a check for $5,000. you can get from applying online. The second voucher can be used for anything you want, unlike the first one. You should receive a total of $11,000. The claims adjuster does not have top notify you of the second one.

You should really talk to an attorney or information and assistance officer about settlement. Often times the settlement amount may include past and future PD payments, so read it thoroughly. No one on this site would know if it includes language to pay off State Disability. You need to make sure it is included. Usually the injured worker is not responsible for paying anything once they settle, but you should check your own situation by reviewing settlement documents and make sure there is language in the paperwork that protects you.

Have you tried calling an information and assistance officer? You have been doing extremely well on your own, but I would feel more comfortable with you having someone review any settlement paperwork. Again, often times they include past and future PD payments in the settlement paperwork for a C&R and injured workers are not always aware. Fr example you may or may not get your PD amount on top of the C&R monies as they may include them in their offer. I have seen injured workers close their cases with same amount they have already been paid in PD payments in the past and why you need to really review their proposal and I recommend having an I&A officer review it as well if you do not want to hire an 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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#62
SDI liens from EDD are paid out of the settlement - not in addition to.
Not sure what you mean by "arrange".
If you agree you sign. 30 days after court approval you get check.
Ask for a copy of the DEB rating; your atty should have have one.
Your atty can also tell you as the formula may be difficult to interpret.
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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#63
Do you have atty negotiating settlement?
it's not clear from your recent posts.
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.
 
Reply
#64
(05-21-2017, 02:33 PM)California_Help Wrote: Just to let you know, there are two different vouchers you can receive. The first one is $6,000. from your claims adjuster. The next one is a check for $5,000. you can get from applying online. The second voucher can be used for anything you want, unlike the first one. You should receive a total of $11,000. The claims adjuster does not have top notify you of the second one.

You should really talk to an attorney or information and assistance officer about settlement. Often times the settlement amount may include past and future PD payments, so read it thoroughly. No one on this site would know if it includes language to pay off State Disability. You need to make sure it is included. Usually the injured worker is not responsible for paying anything once they settle, but you should check your own situation by reviewing settlement documents and make sure there is language in the paperwork that protects you.

Have you tried calling an information and assistance officer? You have been doing extremely well on your own, but I would feel more comfortable with you having someone review any settlement paperwork. Again, often times they include past and future PD payments in the settlement paperwork for a C&R and injured workers are not always aware. Fr example you may or may not get your PD amount on top of the C&R monies as they may include them in their offer. I have seen injured workers close their cases with same amount they have already been paid in PD payments in the past and why you need to really review their proposal and I recommend having an I&A officer review it as well if you do not want to hire an attorney.


Hi,
Yes I received both vouchers and am in consistent contact with my I&A officer who thinks it's time for me to settle this case. I emailed the defense attorney that I was willing to settle all claims and issues regarding this case for $75,000 at the end of March before getting my additional QME result back. The attorney said she wanted to wait for the QME result and DEU rating which she received 4/19/17. I found out two days ago that the new DEU rating is equal to $29,000 PD vs $18,600 before so sent another settlement offer today of $110,000 subject to defendant's paying all outstanding liens. I think this is a fair amount considering it is less than my past annual salary and considering the cost of future medical treatment which includes, chiropractor, craniosacral, acupuncture and pilates. All specifically recommended by my QME. If she agrees with me remains to be seen. I do have a lawyer on standby who has agreed to take my case if need be but am really hoping not to have to go that route since I've done all of the work on this myself until now. Will go to trial with him as my lawyer if I need to though. I feel like I have a strong case.
As far as EDD...the defense lawyer says I have been overpaid benefits since I started receiving PD six months ago but there was never an adjustment made in my SDI. I didn't think PD affected my SDI amount, that only TD would. I emailed EDD about this but so far no response. However, my I&A officer contacted them and they reduced the amount they say I owe from $7,500 to $5,000 and my I&A is quite proud of herself and says this is a good deal. Maybe it is but I'm surprised I am the one being held responsible and not the defendant who I thought was responsible for paying back the lien. So not sure if I should sign the EDD lien reduction settlement paper. Not really sure what the extent of that is.
Any advice on that? Do you think my settlement number is in the ballpark? Thanks!
 
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#65
(05-22-2017, 11:08 AM)1171 Wrote: SDI liens from EDD are paid out of the settlement - not in addition to.
Not sure what you mean by "arrange".
If you agree you sign. 30 days after court approval you get check.
Ask for a copy of the DEB rating; your atty should have have one.
Your atty can also tell you as the formula may be difficult to interpret.

I just received a copy of my DEU rating this morning as my I&A officer was able to obtain it for me. I don't have a lawyer. One in the wings. But doing all of this myself so far. And help from you two. Lots of new grey hairs and wrinkles that's for sure!

The defense attorney told EDD I was being overpaid by SDI since I started receiving PD payments about six months ago. So EDD agreed with her and said I was overpaid $7,500 if you subtract my PD amount. I thought only TD payments counted against SDI. Anyway, EDD said they would reduce the amount of overpayment I owe from $7,500 down to $5,000 but I have to sign a lien reduction offer which I'm not really comfortable doing since I believe it is workers comp's responsibility to pay back the lien. Does that make sense?
 
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#66
You are correct- SDI and TD are offsetting-once you are MMI both TD and SDI should have stopped.
You are, however, incorrect that comp is responsible for the balance of the lien.
Comp is not legally responsible for SDI payments made after you are MMI. SDI would have to "eat"/write off any overpayments they made.
It's usually very difficult to get them to swallow it all as you did get their diasbility payments they made in good faith. You can leave the issue for the judge to decide but they usually protect the SDI system and you risk having to repay the whole overpayment. You can argue that you may have been entitled to the additional payments thru unemployment, but that system has different eligibility requirements.
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.
 
Reply
#67
(05-23-2017, 10:45 AM)1171 Wrote: You are correct- SDI and TD are offsetting-once you are MMI both TD and SDI should have stopped.
You are, however, incorrect that comp is responsible for the balance of the lien.
Comp is not legally responsible for SDI payments made after you are MMI. SDI would have to "eat"/write off any overpayments they made.
It's usually very difficult to get them to swallow it all as you did get their diasbility payments they made in good faith. You can leave the issue for the judge to decide but they usually protect the SDI system and you risk having to repay the whole overpayment. You can argue that you may have been entitled to the additional payments thru unemployment, but that system has different eligibility requirements.

I just wanted to include a few comments about your settlement amount. The insurance company does not have to offer any C&R money. They can pay you the PD amount and leave the medical open even if you take it to a trial. I have seen people get stuck with open medical taking the case to trial, so be careful. The California work comp system is a very difficult system to obtain medical treatment. Requests are subject to UR and IMR. It is very difficult to get things like Pilates approved, nit impossible, but very difficult. Also, if you are out of state your doctor may not be aware of the medical treatment guidelines needed to get requests approved. If you are not planning on living in CA, I highly suggest settling your medical and close it.

I am relieved you received both vouchers and have assistance with an I&A officer. You need to check with EDD if PD payments count as offset amount. If you were deemed P&S and received SDO payments after that, check if this is the amount they are stating you owe. The I&A officer should know the answers to these questions but I recommend discussing with EDD too. EDD has a link with information about disability payments.

You have been doing well on your own. I wish you the best with your settlement and hope you do Pilates and whatever it takes to get to best possible function.
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.
 
Reply
#68
(05-23-2017, 02:34 PM)California_Help Wrote:
(05-23-2017, 10:45 AM)1171 Wrote: You are correct- SDI and TD are offsetting-once you are MMI both TD and SDI should have stopped.
You are, however, incorrect that comp is responsible for the balance of the lien.
Comp is not legally responsible for SDI payments made after you are MMI. SDI would have to "eat"/write off any overpayments they made.
It's usually very difficult to get them to swallow it all as you did get their diasbility payments they made in good faith. You can leave the issue for the judge to decide but they usually protect the SDI system and you risk having to repay the whole overpayment. You can argue that you may have been entitled to the additional payments thru unemployment, but that system has different eligibility requirements.

I just wanted to include a few comments about your settlement amount. The insurance company does not have to offer any C&R money. They can pay you the PD amount and leave the medical open even if you take it to a trial. I have seen people get stuck with open medical taking the case to trial, so be careful. The California work comp system is a very difficult system to obtain medical treatment. Requests are subject to UR and IMR. It is very difficult to get things like Pilates approved, nit impossible, but very difficult. Also, if you are out of state your doctor may not be aware of the medical treatment guidelines needed to get requests approved. If you are not planning on living in CA, I highly suggest settling your medical and close it.

I am relieved you received both vouchers and have assistance with an I&A officer. You need to check with EDD if PD payments count as offset amount. If you were deemed P&S and received SDO payments after that, check if this is the amount they are stating you owe. The I&A officer should know the answers to these questions but I recommend discussing with EDD too. EDD has a link with information about disability payments.

You have been doing well on your own. I wish you the best with your settlement and hope you do Pilates and whatever it takes to get to best possible function.

I am trying to settle medical that's why I sent them an amount I would consider for all. Also I didn't start getting SDI until I was P&S so not sure what you're saying. WC is responsible for the lien because they owe me TD during that time that they didn't want to pay me. The overpayment was assessed because I started receiving PD so they are deducting that amount. EDD reduced it from $7500 to $5000 but wrote today that that amount will be deducted from any settlement. I'm trying to settle but have not heard from WC. Would I have a better chance of getting a global C&R if I had an attorney negotiating? My doctor here doesn't know squat about Ca medical treatment guidelines. The defense attorney knows that. I don't want to go to trial I am just saying that I would be okay with it if it comes to that. Stipulation would be my last choice if I even have a choice...
 
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#69
Are you in a hurry?
I f you got time, you can take it as far as you can by yourself, then talk to a few attys to see my if they can better it.
You are on the right track about avoiding a stip or trial, but they know that to and will squeeze you.
They will probably stall giving a response. An atty can always get them to move by scheduling a conference or hearing-- - most have a difficult time being patient.
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.
 
Reply
#70
Thanks, I've got time. Guess I'll just wait it out.
Appreciate all of your help.
 
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