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Status Conference/Adequacy of Settlement California
#1
HI everyone
I was injured at work in February 2016 and have received medical care since then.
I signed an agreement to the amount judged for me after my QME visit.
However, I received an Order Suspending Action on Stipulation of Award in 10-2017 giving this reason:

QME Dr. xxx, MD found apportionment to a previous injury in 1999 based on his understanding that there was a low back permanent disability Award for 36%. However, the body parts involved in that injury were the upper extremities and low back. Based on the DEU rating, the low back rated at 19% and the upper extremities and the upper extremities at 18%, using the MDT was a total of 36%. The parties need to request a supplemental report from PQME Dr. xxx to re-address apportionment using the 19% permanent disability assigned to the low back under the 1997 PDRS.

I patiently waited for it to painfully slowly move forward but suddenly received a Notice of Hearing- Status Conference from the Worker's Compensation Appeals Board scheduled for 3/30/18 . The special comments field says Adequacy of Settlement.

The insurer says that apparently the QME died before he could correct my info. I am not sure what this hearing is for- I do not have a lawyer as all seemed very straightforward but am wondering if the time has come to see one. The accident changed me from a strong vibrant woman doing Zumba six days a week to being unable to do any kind of physical activity but walking, albeit in pain.

Any enlightenment I could receive would be great. I have very little time to scramble to see someone.
 
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#2
I will assume your claim is under california jurisdiction although you did not provide your state.

the conference would be to figure out what the next steps to resolving your PD rating issue.
your physical limitations have little to do with the apportionment issue.
since one of the quickest methods of resolving dispute is thru a negotiated agreement-either stipulatee award or lumpsum buyout
this would be a good time to obtain representation.
most likely any atty you choose could get the conference rescheduled if necessary.
a good place to start looking would be
https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory
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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#3
(03-20-2018, 03:09 PM)1171 Wrote: I will assume your claim is under california jurisdiction although you did not provide your state.

the conference would be to figure out what the next steps to resolving your PD rating issue.
your physical limitations have little to do with the apportionment issue.
since one of the quickest methods of resolving dispute is thru a negotiated agreement-either stipulatee award or lumpsum buyout
this would be a good time to obtain representation.
most likely any atty you choose could get the conference rescheduled if necessary.
a good place to start looking would be
https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory

Thank you- yes, I am in California. There had already been a stipulation award- it got flummoxed by the QME's error and then not fixing the error. Given he never replied to the requirement to fix it- is that likely the reason for this hearing?

Thank you!
 
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#4
I think you misunderstand.
a Stipulated Award for Permanent Disability benefits can only be issued by the Workers' Compensation Appeals Board.
they would not have suspended action after they made such an award---that would usually be done only after reviewing a request for one that has been submitted by the parties for their approval.
I think you and the carrier/employer requested an award but one was not issued by the court because of the error.

one option would be to have another QME or to have the parties agree to a rating that only apportions to the correct back component of your prior injury. an experienced comp atty would be able to handle such a calculation.
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
#5
(03-20-2018, 06:19 PM)1171 Wrote: I think you misunderstand.
a Stipulated Award for Permanent Disability benefits can only be issued by the Workers' Compensation Appeals Board.
they would not have suspended action after they made such an award---that would usually be done only after reviewing a request for one that has been submitted by the parties for their approval.
I think you and the carrier/employer requested an award but one was not issued by the court because of the error.

one option would be to have another QME or to have the parties agree to a rating that only apportions to the correct back component of your prior injury. an experienced comp atty would be able to handle such a calculation.

Yes- I misspoke- there was a request ...

I will see an attorney to ta least see if he thinks this needs representation. From what I have learned, there will be an Information and Assistance officer there to represent me that day if I am not represented.

Thank you!
 
Reply
#6
You're welcome. I hope it goes well.
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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