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Qme findings new pd rate CA
#11
a "demand" letter is for a settlement amount.
you posted that you want open medical.
you need to make that clear to your atty.
you also need to talk to them about filing for penalty if the carrier doesn't increase your payments.
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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#12
Yes a demand to settle my case since I've been deemed P&s / reached mmi. They didn't respond so they filed for a hearing. The lawyer did file for a penalty but they only based the payment from the date of the report April to June. It should have been till my ttd ended and pd advances started right? Not just for a few months I've been on advances for a long time now. Also what is a person part about??
 
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#13
Pension
 
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#14
I revived a wpi of 80% as of April
 
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#15
I misunderstood you. While you qualify for the pension, you do not qualify for 100% PD rating as you stated you have been rated at 80%. You will not get TTD rate for lifetime, but you will receive PD for the number of weeks the PD amount is paid off.

PD ratings over 70% qualify for lifetime pension. Here is some info about it.

http://www.disabilitysecrets.com/resourc...nefits.htm

"If you are one hundred percent disabled, you will receive your temporary disability rate for life. If your permanent disability is greater than 70%, you also get a “life pension.” That is a different amount per week for the rest of your life, after the amounts described above are paid out. Life pension for 70% is currently (2015) $77.31 per week and $301.50 per week for 99%. Life pensions for injuries after 2004, including those for 100% disability are subject to a cost of living increase tied to the Average Annual Weekly Wage for the State of California."
http://hurtworker.com/california-workers...scription/

This is info on different ways to settle.
https://www.dir.ca.gov/t8/10165_5.html
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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#16
california:
it's possible that a wpi of 80% can modify to 100% disability rating when accounting for the FEC, occupation and age factors. WPI and PDR are not the same.
animated did not state who came up with the 100% rating; just that they were informed of it.
I assume it came from either the DEU or the carrier and is an accurate rating for the injury.

animated:
your lawyer knows the details of your case and if they did not appeal the penalty decision then you need to ask your lawyer why.
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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#17
Thanks 1171 the ic has a tendency to ignore things. In order to think problems will just go away imop. As for why the ic didn't disputed it the penalty I assume it because they are responsible. I didn't get a rating from the deu but was told be the ptp who reviewed the qme report that it was a 100% rating from the qme and was told by the lawyer that it would be the same rating of 100%. Sorry if I have left parts out I just am not fimiliar with this part of wc.
 
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#18
Below is what was filed the ic never responded but only sent a months retro check and was not for the right amount


Attached Files
.jpeg   image.jpeg (Size: 120.78 KB / Downloads: 5)
 
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#19
You are not going to get your money or any penalties until the carrier and/or the courts agree that you are permanently and totally disabled.
They don,t pay based on what your atty or your ptp thinks it rates. They don,t make the rules or have any power to enforce them.
After 7-8 years you know how the carrier operates; you know they ignore what you or others think should happen. They are not going to suddenly change because you were told you rated 100%.
Not clarifying where you got your idea of a 100% rating fooled me.
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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#20
(06-14-2016, 02:23 AM)1171 Wrote: california:
it's possible that a wpi of 80% can modify to 100% disability rating when accounting for the FEC, occupation and age factors. WPI and PDR are not the same.
animated did not state who came up with the 100% rating; just that they were informed of it.
I assume it came from either the DEU or the carrier and is an accurate rating  for the injury.

animated:
your lawyer knows the details of your case and if they did not appeal the penalty decision then you need to ask your lawyer why.

Yes I was confused on where he got the info. It sounds like he has not gone to the DEU raters yet.
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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