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Hi everyone I am located in California. I went to a Qme and received 100% disability rating due to my workplace accident. This happen in 2009 and has taken this long to finally get to this.
Here's my question my current pd rate is $270 a week.due to the fact that the Insurance company is not able to give me modifed duty because I was told by the doctor that I cannot return to the job. Insurance company stated that they would increase my permanent disability benefits 15% I have been placed P&s
I plan on leaving my case open and leaving feature medical open. I know 270$ is max for pd it just seems like such a little for a 100% rating. Thanks for any insight.
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06-13-2016, 09:09 PM
(This post was last modified: 06-13-2016, 09:18 PM by 1171.)
$270 is the maximum for PD less then 100% for dates of injury in 2009.
"Permanent total disability benefits (based on permanent disability of 100%) are paid for life, at the temporary disability rate. For injuries that occur on or after January 1, 2003, the benefit rate will be adjusted each year based on any increase in the state average weekly wage (SAWW)."
http://www.dir.ca.gov/dwc/WorkersCompens...nefits.htm
your rate depends on your Average Weekly Earnings.
Permanent Total disability or a 100% PD rating is paid at the maximum TTD rate and is also subject to yearly cost of living increases.
the current Maximum TTD rate is $1128.43 per week.
http://www.dir.ca.gov/DIRNews/2015/2015-57.pdf
if the rating is in dispute so will your payments be.
you should receive an automatic penalty for any delay in payments or increase in payments and are eligible for an additional penalty from the court for an unreasonable delay.
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Thanks for the respond I haven't been able to reach my lawyer because I just receive the notice in the mail. Prior to the MMI/P&S I was on permanent disability advances and now since I have been MMI at 100% I should be receiving for the injury year of 2009 956$ Not 310$? The Insurance company had messed up on the retro pay as well so I can assume that they may have messed up on this too?
So since I was on permanent disability advances when you're found to be MMI/P&s they switch you over back to TTD I'm just a little confused on that part ?
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06-13-2016, 10:47 PM
(This post was last modified: 06-13-2016, 10:55 PM by 1171.)
You were probably on pd advances because your TD period expired even though you were not at MMI.
You don,t get TD after you are at MMI; you get PD -- the PD max rate is the same as the T D maximum.
Its not TD just because the weekly rate happens to be the same.
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06-13-2016, 10:52 PM
(This post was last modified: 06-13-2016, 10:53 PM by 1171.)
duplicate
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Yes your right sorry I was on pd advances. Prior to that I was on ttd once I hit the max I went to pd advances now since I'm mmi the insurance company rate seems off cause it's should be around what i was getting with ttd. When I was on ttd I was getting over 1000 every 2 weeks and went down when i switched to pd advances. In your opinion does it seem like there something wrong.
As for when I hit mmi my pd then became based off of ttd rates?
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I guess I wasn't, clear:
If the carrier is not disputing your rating, then your weekly rate should be increased.
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Well it's not that there not disputing it they just haven't responded to my lawyer when he filed a demand letter now I have a hearing but not towards the end of the year. It's not that you weren't clear its just what I saw was the max for pd a week is 290 around there
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I see for 100% it's paid at the max ttd rate
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06-14-2016, 12:38 AM
(This post was last modified: 06-14-2016, 01:42 AM by California_Help.)
(06-13-2016, 08:23 PM)Animatedbreak84 Wrote: Hi everyone I am located in California. I went to a Qme and received 100% disability rating due to my workplace accident. This happen in 2009 and has taken this long to finally get to this.
Here's my question my current pd rate is $270 a week.due to the fact that the Insurance company is not able to give me modifed duty because I was told by the doctor that I cannot return to the job. Insurance company stated that they would increase my permanent disability benefits 15% I have been placed P&s
I plan on leaving my case open and leaving feature medical open. I know 270$ is max for pd it just seems like such a little for a 100% rating. Thanks for any insight.
I misunderstood you post and thought you were rated 100% WPI, but now you wrote you have a 80% WPI rating... is this correct?
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.
