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Calif. monetary award limit
#1
Question 
Hey there it's David55. Been a real long time since I've been online. Been trying to slip some real life in around all this WC crap. I will say that the WC insurance co has taken pretty good care of me. They have payed me a survivable bi-weekly wage, bought me three very expencive prosstitics for my arm (my left hand was ripped off) and kept a good supply of meds. I just went to my last AME - a shrink- and was told he was going to write a report saying I should be awarded the highest possible amount allowed by WC in Calif. The other AME - an orthepedic surgen - gave me a 58% dissablity rating. Does anybody out there have a clue what that could mean in dollar amount in the settlerment? I have two atterneys whose answer for anything for the last two years has been "I DON'T KNOW".
 
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#2
I agree with your attorneys. I don't know. It most likely will be worked out in a hearing.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#3
the highest disability award in any impairment state's work comp system is 100% or permenent total disability e.g cannot perform any gainful employment.
In california such an award would entitle a worker to TD payments for life. depending on the date of injury and the rate there could be cost of living provisions as 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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#4
MyBB 
1171 Wrote:the highest disability award in any impairment state's work comp system is 100% or permenent total disability e.g cannot perform any gainful employment.
In california such an award would entitle a worker to TD payments for life. depending on the date of injury and the rate there could be cost of living provisions as well.

Thanks 1171. I was hoping you would reply with your well informed wisdom. I found the web site here in Ca for W/C formulas to compute settlements and awards. I was under the impression that elected gov law writers were intelligent people but after reading those documents a few times and still not having a clue it appears they don.t either. It appears there agenda was to make it as difficult and confusing as possible. There's got to be a more simple way!!!!!!!!!!!!!!!
 
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#5
you are almost totally correct.
84% of california legislators are lawyers ( probably similar in most states)
If laws are complex and confusing then very often citizens will hire a lawyer.
most legislatures are in the business of creating a need for more lawyers.
workers comp is one of the last remaining areas that doesn't legally require a lawyer but they can artificially make it almost a necessity by "complexifying" the regulations beyond any reasonable understanding.
there are only a few places like this where you can get help without having to resort to a lawyer.
and even then you still may have to.
sad state of affairs.....

Labor Code 4659
(b) If the permanent disability is total, the indemnity based upon
the average weekly earnings determined under Section 4453 shall be
paid during the remainder of life.


http://www.leginfo.ca.gov/cgi-bin/displa...=4650-4664

4453 is the section on Temporary Disability
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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#6
Rolleyes 
David55 Wrote:Hey there it's David55. Been a real long time since I've been online. Been trying to slip some real life in around all this WC crap. I will say that the WC insurance co has taken pretty good care of me. They have payed me a survivable bi-weekly wage, bought me three very expencive prosstitics for my arm (my left hand was ripped off) and kept a good supply of meds. I just went to my last AME - a shrink- and was told he was going to write a report saying I should be awarded the highest possible amount allowed by WC in Calif. The other AME - an orthepedic surgen - gave me a 58% dissablity rating. Does anybody out there have a clue what that could mean in dollar amount in the settlerment? I have two atterneys whose answer for anything for the last two years has been "I DON'T KNOW".
 
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