PPD 50% Acute Bronchitis, asthma, RADS

confused · 08-14-2005, 01:09 PM

I have Toxin exposure from work all doctors made me p&s with 50% PPD, vocational rehab. will not have anything to do with me, I cannot go outside do to severe allergic reaction from different exposure to chemicals, my health differs day by day, other side offered 2500. at mandetory settlement, I declined, what I want to know is court is coming up soon, what should I expect? I'm on twelve meds a day for pain and breathing, no one is willing to give me anymore meds on a lien, it's been two years now, the company I was working for has denied the claim from the begining, I have lost everything and I have no idea what's going to happen, should I expect a settlement and what kind ? I would appreciate any info, please.

anon · 08-14-2005, 07:46 PM

If your claim is denied entirely, the first step is a trial on AOE/COE to get a finding that your injury is caused by your work. This will entitle you to all benefits. Frankly, this should have been done a long time ago.

Because the docs all agree you are P&S you may set for trial on all issues. As long as the case remains denied, settlement will be limited and not cover all your lost wages, medical, etc.. Trial may or may not be your best shot, depending on the strength of your medical reports.

If VR "will not have anything to do with" (you), you may, in fact, be rated 100% under a doctrine based on the LeBouef case. This case states that if someone who is not otherwise 100% disabled, but none-the-less due to their injury cannot participate in VR they can be found 100% disabled.

Do you have an attorney?

sh · 08-14-2005, 08:23 PM

Sounds like california jurisdiction.
If so it depends on the issues. If liability is denied then the judge will decide whether it's work related and your benefits. If the issue is Permanent Disabillity then they'll decide your disability level based on the ratings. Permanent disability is paid in periodic payments for limited period of time depending on the severity of the disability.

confused · 08-15-2005, 07:22 AM

Thank You for responding anon and SH, yes I have an attorney that was the first thing I did, all the doctors agree my condition was caused from work.

anon · 08-15-2005, 05:53 PM

If ALL the doctors, including the IC doctor, agree that your condition is caused by wrk, and they all agree you are 50% disabled, the $2,500 offer does not make sense.

We are missing some peice of information here.

confused · 08-15-2005, 06:28 PM

I don't know what IC means but the other side's doctor agrees to me being 50% and he also thinks that I was sick before which in no way would I have been excepted for the job to begin with if I had any of these symptoms.

confused · 08-15-2005, 06:29 PM

I don't know what IC means but the other side's doctor agrees to me being 50% and he also thinks that I was sick before which in no way would I have been excepted for the job to begin with if I had any of these symptoms. That's what I can't figure out is why are they offering such a small amount just to be not nice? I started this job at 100% and I had a physical a year before. So I don't understand either? hense the name confused?

confused · 08-15-2005, 09:03 PM

I got it Insurance Claim Doctor agrees to what is wrong with me but not where I got sick, I am sorry I don't mean to sound rude anon just very frustrated, I think they offerd that amount wishing I would go away cause they would end up pay'ing alot in the end, through the whole time of me getting sick I was ignored that's when I hired an attorney then they wanted my attention and I just said " take it up with my attorney " they didn't like it that I treated them with the same respect they gave me. That's why I think they offerd that amount and refused to help me anyway from the begining I would also like to add they made me false promises of accomedating me and never did, all along they had hoped I would just go away, my insuranse doctor did not explain the sevarity of my sickness and kept sending me back to work until I couldn't do anything anymore. I hired an attorney and the attorney sent me to there doctor and from there I found out what really was wrong with me RADS, PPD etc... I hope that makes more sense and please I do appreciate all your advice and help with everything, Respectfully.

anon · 08-15-2005, 10:06 PM

I see, so all the docs do not agree that your injury was caused by work. The insurance companies doc beleives you had this illness before you started this job.

Then, this is a matter of the battling doctors and you must take it to trial to get a Finding of Fact. The Judge will decide which report he/she finds most reliable and make a determination. If found in your favor, you will get some medical treatment, TTD and 50% PD. If found against you, you get nothing. IC offered $2,500, they must feel strongly about their report.

See Aug 14, 11:46 post

Good luck.

confused · 08-16-2005, 07:13 AM

know I understand as well, I did not mean to mislead you anon, ( I meant to say all my doctors agree ), this is where people battle in court from crooked doctors who say anything to benefit their employer, it