California Worker's Compensation - Help For Injured California Workers

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  1. #1
    pamela Guest

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    Hello, I have a court date July 25 @CA. WCAB to settle my case. I was injured in 2002 and am unable to use my hands for any type of work. My rating was 35% and since I cannot use my hands, I do not know what Im going to do now. I would like to buy out my Voc. Rehab. since I wont be using it soon. What are the rules now? I have been looking on the web and it goes both ways. Any information would be appreciated.

  2. #2
    maria Guest

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    In order to settle your VR you must be represented by an attorney. You can settle for "up to" $10,000 if the IC approves your self directed plan of VR.

    You are really better to use the services of the QRR to assess your ability to find new work, assess your skills and see what might be out there for you.

  3. #3
    susan Guest

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    i too had problems with my hands. went to school to use my voice for keying. had surgery on right wrist. they didn't tell i could buy out rehab. had a lawyer they got more money out of me for rehab. they didn't tell me.

  4. #4
    pam Guest

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    I had an injury to my right wrist in 2003. Had surgery on it in 2004. Now I'm limited in what I can do. I can't put pressure on my hand, I can't lift and I can't do anything that requires repetitive movements or fine manipulation. They stopped physical therapy because they said my hand will not get any better. What happens now? Do I continue to receive workmans comp? How do they determine what a settlement would be? I don't really get any answers from my lawyer.

  5. #5
    maria Guest

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    Pam: You will have a final evaluation by your doctor who will prepare a report outlining your subject complaints, objective findings (such as your limited range of motion), work restrictions and other factors as required by the AMA guidelines.

    This report will be rated by the adjuster and possibly the DEU at the WCAB, if requested.

    This rating is put into a formula for permanent disability payments.

    You should recieve a copy of the report with a letter from the IC advising you of their rating and letting you know that you have 30 days to agree/disagree. If you disagree you will be given the option to request a QME. The QME will provide a similar, but usually quite different in conclusions, report.

    Because you have an attorney, the attorney will handle the agree/disagree and choosing of a QME or AME in lieu of QME.

    Upon reciept of the AME/QME report, the rating will take place again, based on the info in that report.

    Your attorney will then try to negotiate a settlement somewhere between the two reports, or ask for a hearing and perhaps a trial for the Judge to make a final determination of your permanent disability and entitlement to settlement.

    While all of this goes on, your TTD benefits will be stopped and you will be converted to PD advances. Depending upon your date of injury, if before 1/1/2004, you may be entitled to Voc Rehab or a VR Voucher, which your attorney may also settle for you. Talk to your attorney about this. If your date of injury is after 1/1/04, there will be no VR.

  6. #6
    tina Guest

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    I'm attempting to negotiate my Voc Rehab buy-out myself. I've requested $10,000 via voicemail to the defense attorney's office phone and am following up with a letter. I'm not sure how to proceed - any helpful advice? Thanks!

  7. #7
    anon2600 Guest

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    The Labor Code says you must be represented by an attorney to get a lump sum buyout of your VR benefits. The IC isn't required to do this. It's entirely up to them. Some, but very few IW's have done this on their own. You probably shouldn't be looking for a response any time soon.

  8. #8
    maria Guest

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    Tina: the WCAB will not approve a settlement of VR w/out the injured worker being represented.

  9. #9
    mfelde Guest

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    my injuries were written up by my atty as ct feb 2002-2003. the law says i can take 10,000 cash instead of rehab if my injuries were in 2003&#91;calif&#93; i have been asking and asking my lawyer about this but cant get any answers. i will fight like <FONT COLOR="ff0000">••••</FONT> for this! i dont want schooling or retraining i hear its pretty useless anyway and the only ones who benefit are the schools and the lawyers fees fees fees and more fees... im sure the insurance co will fight me tooth and nail on this but i will fight them right back.
    my only choice is some kind of limited self employment period! i refuse to go back to any corporate job ever again after all this workers comp nonsense! im already badly injured and i wont let anyone put me thru this again! ever! when u work for someone else they own you! and you dont have any choice if u get injured at work exept to go thru this nightmare again and now its worse! no rehab at all two yrs ttd max and pathetic pd payments if any! you can not sue directly! america needs more of the little guy anyway corporate america really is a greedy heartless control freak pig system.havnt you ever notice that people have worked their whole life away and at 65 or 70 they are still on the job and broke? and then seem to croak a few yrs after retirement? sorry but insurance companies lawyers and corporate criminals have ruined america and the world today. the quality of life just aint there anymore! and its most unfortunate if your stuck with a lifetime injury im only 48! early retiremnt? no fun with 24-7 pain at any price...
    my advice to anyone is work for yourself if you can dont be scared to! yes its hard but punching some ones time clock is really just slavery and no people dont care anymore! in the old days how many people had carpal tunnel or herniated discs? not many... employers treated people better then and didnt slave drive you so much we need to go back to being a producer instead of a consumer! 10 k isnt a lot but trying saving that working for someone else! besides i need the money to live on,i anticipate beng starved out for many many more years this dumb <FONT COLOR="ff0000">•••</FONT> ins co has already spent a quarter million fighting me just to settle a 100k claim&#91;if that&#93; not worth it! no amount of money is worth what i am going thru! i dont care that im screwed out of a job for life really but i do miss surfing riding motorcycles and many other things that i can no longer do! i wish my last employer would have fired me before i got injured! i really do

  10. #10
    jamiroush Guest

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    I am also considering a buyout. I was rated at 37% but anything I do I hurt. What kind of a job do you do where you don&#39;t use your hands. I don&#39;t know. Even counseling the dr. said i would still have to type up reports. Gloom and doom thats what i think about it.

    I am just starting the &#34;negotiating process&#34; and dont know what my lawyer is asking for.

    Well good luck and if you find anything with limited hand jobs let me know

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