California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Feb 2008
    Posts
    16

    Default % PD Payout Calculation

    I have tried to read the info on this, but I seem to fail miserably at interpreting it.

    So, I am wrapping up 1 shoulder (severed and torn tendons, right side) and getting ready to have the other done.

    So, I have been told that my right will have approx 20% permanent loss and can expect about the same from the left. So that will equal 20% per shoulder, with another (up to) 50% loss in my middle 2 fingers mobility/use. I work on computers 100% of the time for my job and have for almost 20 years. So changing careers in perhaps not the best thing.

    How in the world to get a rough estimate on the settlement for partial permant disability? I am 45 and (AFAIK) my job code is "120".

    Is there some sort of online calculator that will give a rough estimate, or at least a chart that I can determine my total body % and look that the payoff here: http://www.workinjury.com/money-rates/2005-6.pdf

    And what are the "weeks" they refer to? Based on my age and the expected 20more years of work, I should have 1040 more work weeks, but the chart about goes no where near that number.

    Sorry for the newb questions, but the whole process seems to be written to confuse.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: %PD Payout Calc?

    To say rating are 'difficult' would be a GROSS understatement...even for many of the pros...

    The percentages you site actually have all not that much to do with a final PD rating..
    YOur PTP and/or PQME/AME will have to do the final rating, and they use the AMA 5th edition guides for impairment...which we don't have access to...nor do we know all the particulars of your injury..and then there would be the issue of 'apportionment' to causation to the PD...then the PD rating is converted to a WPI...

    The number of weeks refers to the state determination of # of weeks for each 1% of the final rating that PD indemnity will be paid...
    So..it would be difficult to impossible at this point to even 'guess' to the potential value of your claim...

    But, just for arguement sake...say your shoulders at 20% each and the 50% for your fingers... came to oh...24% PD...and your age/occupation/wage/etc adjusted to a WPI of ...12%, which could very well be the case...your potential value would be 38.25 weeks, or $8800. =/- 'depending'...with an additional 'SWAG" for the future medical...

    expected 20more years of work, I should have 1040 more work weeks, but the chart about goes no where near that number.
    Sorry, the PD indemnity is for the loss of earning capacity...and your life expectance is already figured into the equation...

    The PDRS are here...http://www.dir.ca.gov/dwc/PDR.pdf
    But I don't think you're ready to approach these yet...

  3. #3
    Join Date
    Feb 2008
    Posts
    16

    Default Re: %PD Payout Calc?

    So basicly they make it up as they go along

    Wow, $8800 for something that will take a year to correct? Crazy stupid system. And it has nothing to do with your income level?

    It is probably to early, but we are getting close to submitting the offer to the at fault parties insurance company, and I am trying to determine how this might impact the overall "package".

    Thank you for the input, and letting me know that it is written to be opaque.

  4. #4
    Join Date
    Feb 2008
    Posts
    16

    Default Re: %PD Payout Calc?

    So, can I ask, do most people just get a WC Lawyer? I have one covering the other part of the case, perhaps so I don't have to "worry", a lawyer might be a good thing, although expensive.

  5. #5
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: %PD Payout Calc?

    [QUOTE=ThrashedShouldersCaliforn;93649]

    It is probably to early, but we are getting close to submitting the offer to the at fault parties insurance company, and I am trying to determine how this might impact the overall "package".
    QUOTE]


    Thrasher, in addition to your WC injury claim, is their another "third party" at fault here that you have filed a "civil" claim or suit against?

    Like, for example, you were injured in a car-accident while on-the-job,and it was the OTHER driver's FAULT. You would have a WC claim, AND a seperate claim against the driver/Ins Co who was at fault.... That would be one scenario of "third-party liablity".....

    Because if the answer is YES, then YES, recovery from a third-party WILL affect your WC claim!

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: % PD Payout Calculation

    So basicly they make it up as they go along

    No...once you reach MMI, your PTP/PQME/AME as the case may be...determines your condition and rates per the AME 5th edition guides to impairment...that rating is converted to a WPI...Calif uses the 89 pages at the url I gave.

    Wow, $8800 for something that will take a year to correct? Crazy stupid system. And it has nothing to do with your income level?

    There are several factors calculated into the PDRS...including your income...your AWW at time of injury.
    The TTD is wage replacement while you recover from the injury...the PD indemnity is calculated to compensate for the reduced 'earning capacity' in the open labor market.

    That money, the indemnity...isn't a 'award' or compensation for ''being injured''...it's for the resulting permenant disability an EE suffers as a result of the injury.


    It is probably to early, but we are getting close to submitting the offer to the at fault parties insurance company, and I am trying to determine how this might impact the overall "package".

    As Charles said, IF there IS a 'third party'' involved here...ie. an auto policy that is liable...the WC ER/IC is providing benefits as it is 'work related', but the ER/IC has a right of subrogation...they are entitled to be reimbursed by the IC covering the auto accident.
    You can't receive benefits from both IC's at the same time, for the same occurance...that's ''double dipping''...

    So, while WC doesn't provide 'lost wages, or pain & suffering''...the auto policy does...so you can be awarded those items and the money is yours to keep,...MINUS any costs/atty fees associated with the case...which can take a fairly big chunck out of an award.
    The WC claim is administered through the jurisdiction of the WCAB...
    The auto portion would be civil, and could take a significant longer amount of time to resolve.

    In a subrogation the WC carrier has a right to recover the cost of medical treatment, TTD/TPD...PD indemnity...out of any money you receive from the civil/third party claim.

  7. #7
    Join Date
    May 2007
    Location
    Calif
    Posts
    483

    Default Re: % PD Payout Calculation

    thrashed: if you don't mind let me add some additional info to elaborate on BvIA's comment.

    If in fact you have a 3rd party involved [ie an auto carrier] double dipping usually does not occur, why! because a 3rd party auto carrier will not offer any payment towards your medical expenses as they incur.

    In order to evaluate your bodily injury claim they are entitled to copies of the medical expenses and any other costs that you may have had to bear that WC has NOT paid for.

    1 of 2 things can happen: if the medical expenses as proven by the documentation or the injury itself (such as keloid scaring on the face) should reach the policy threshold the Auto Carrier may offer the policy limit in exchange for a full release of all liability for it's insured before you even complete your treatment or deemed that you have reached Maximum Medical Improvement. [Why because if the auto carrier believes that the treatment is reasonable and that the probability of causation to the claimed injuries is also reasonable they must act to protect their insured.

    or;

    if the 3rd parties policy limits are high or there may be an umbrella policy then the 3rd party carrier will wait till all is said and done. Provided the SOL is protected. In California there is a 2 yr statute of limitations meaning that if they claim is not resolved with-in that time frame, then suit must be filed against the liable party to protect your right to continue to pursue the matter.

    Most PI Attorneys take 33% on average, however if the matter does involve suit, then you could reasonably expect the attorney's fees to increase to 40%.

    Personal Injury claims due take into account "Lost Wages" and "Pain and Suffering", unlike WC as BvIa has stated. Subrogation is also involved and can be quite cumbersome as most often the IC's themselves dispute charges incurred amongst themselves.

    Roof's wife......

  8. #8
    Join Date
    Jul 2008
    Location
    ca
    Posts
    863

    Default Re: % PD Payout Calculation

    First time ever posting... If there is a third party suit I had heard IC can be reimbursed. So basically the same company that denies everything can recover through a third party suit?

    I have no problem with the 33% paid to PI atty., but seems to me now they will be recovering for IC also. Does IC help pay for atty. fees?

    Injury in CA.

    Thank You

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: % PD Payout Calculation

    Thanks RW..

    When I was refering to ''double dipping'', I should have pointed out that you/IW could not be compensated for out of pocket expense from the PI claim/IC and the ER/IC for the same issue/treatment/loss...

    You are right in that IF the IC for PI is to reimburse for teatment to the WC/IC, there would be no involvement on the part of the IW...

    The bottom line is, you cannot be compensated TWICE from two IC's for the same occurrance...that would be ''double dipping''...

    The ER/IC has the right to reimbursement up to the amount they have provided benefits ..medical/TTD/TPD...from the PI/IC...

  10. #10
    Join Date
    May 2008
    Posts
    329

    Default Re: % PD Payout Calculation

    Get the NOLO book, by Christopher A. Bell, at Barnes@Noble. $34.99 It has a great guide in the back, for calculating just about everything you need.

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