[California_Help]

(03-01-2017, 01:54 PM)PridedImp Wrote:

(03-01-2017, 01:47 PM)PridedImp Wrote:

(03-01-2017, 12:57 PM)California_Help Wrote: Sorry I think I posted at the bottom and not top. If I collect the disability do I have to stop working? I can work but not a stairght 8 hours and need to get up every 15 min. If my job wasnt at home I would not be able to work probably at all. How do I get this assessed? The QME as seems to be the case everywhere shorted the percentage of my disability and I am rendered useles to do anything besides sit and type.so if I collect disability what do I give up for that?

 I agree with what 1171 wrote.

Your attorney should have told you that you can have open medical for life, but what that means is dealing with the insurance companies utilization review company deciding what treatments and tests your doctors orders gets approved and getting whatever PD amount you were provided and foregoing the additional settlement money, if they offered any. Are you still employed by the same employer and currently working for them with accommodation?

What is going on as far as your medical treatment? It does not sound like you are doing very well post fusion. Have you seen another spine surgeon for a second opinion on your current condition? Was your work comp spine surgeon at a decent hospital and did you review his background and reviews? Are you currently receiving treatment by a work comp doctor?

If you have private insurance you can see if you can get PT for your work related injury through them.

This is a good link for CA WC.

http://www.dir.ca.gov/dwc/InjuredWorker.htm

Hi thank you so much for your response. I am not even getting 28% disability now. My attorney told me I dont know the CA WC laws and cant ask for future medical coverage and thinks 75 plus what I spent for gss co oays etc will be covered. Im very frustrated. How do I apply for disability? I have not been told anything from attorney. How many lawters van I change from or does this look bad? Thank you again.

I just looked for your date of injury they do not have to pay you PD until your case settles (injuries after 1/1/2013)..

This is a good book to answer a lot of your questions. Just make sure you have the most current edition as laws and rules change regularly.
http://store.nolo.com/products/californi...-work.html

You need a doctor to take you off of work either through work comp or through state disability. I provided links above for both.

It is very difficult to answer questions without knowing specifics. I am not an attorney or expert, just an injured worker like yourself. I highly recommend meeting with your attorney ask him for an appointment about your questions. You can also consult with other work comp attorney's.

"tbear" private insurance companies have been paying for and providing treatment to many injured workers, but it is when there is a treatment denial. I have yet to have an injured worker state their private insurance denied treatment that was also denied (after affordable care act). That does not mean it does not happen, I just have not come across it. I think it is a good idea to contact private insurance to see what they cover.

I think the rules for MSA is if you are receiving Medicare or eligible within 30 months of WC settlement and also settlement has to be a certain amount then you need to do a MSA. I am not well versed on MSA info.

I have never heard about private insurance needing what rootsgal stated.

Every state has different laws and every situation is different. It is always good to get info from an attorney.