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  1. #1
    Join Date
    Oct 2008
    Posts
    21

    Default Notice: Hearing before workers compensation appeals board of the state of california?

    I just recieved this in the mail. not sure if this is a normal letter but the word APPEALs in the description has me worried. should i be worried or is that just the name of the board. it got me thinking that they are trying to appeal my case. i am scheduled for March 30, 2009 at 8:30am ther is a box checked with an X that says Status conference

  2. #2
    Join Date
    May 2008
    Posts
    329

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    Are you repped?

    It just means that the DA/IC wants to know the STATUS of the case.

    This usally happens when you have been going to the Dr for awhile, and nothing else is happening, so they want to move it along.

    Don't worry too much, it's just a status conf.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    WCAB is the "Workers Compensation Appeals Board"... that is the comp court, and these judges are 'Administrative Law Judges', attorneys with a minimum of 5 years experience as an atty, and a specific time handling WC claims...whether for applicant or defense.

    If you are not represented by your own AA/Applicant Atty, you could dispute the hearing IF there has not been a Application for Adjudication filed with the WCAB... which MUST occur before a judge can hear a case...status conference, or trial.

    Eventually, if there is/are disputed medical issues in you claim... this court will hear ''appeals'', by you or the defense.

  4. #4
    Join Date
    Oct 2008
    Posts
    21

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    i have not been to the doctor in months. the last visit was with the AME about 5 months ago and i have been waiting since i guess my report is in because i just got a letter from the work comp ins saying that my status was changed from temp permantly disabled to permanatly disabled stationary when i saw the letter i got a little worried when i saw the appeal word. i just want to get this over with and settled i could use the cash.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    my status was changed from temp permantly disabled to permanatly disabled stationary
    The letter noticed your change from "TTD" to "P&S", Permenant and Stationary"... there is no ''permanatly disabled stationary''.

    As that is the case now, your TTD stops.... within 14 days, an estimate on the PD/WPI rating % should be done, and PDA/Permenant Disability Advances should begin...UNLESS there is not enough information in the AME report to do the rating... even though your AA should get them to SWAG to 3%...and within 60 days, your ER must notify you of the job availablity... that could determine the 15% +/- in the PD.

    Talk to your AA about your attendance at the Status Conference... may not have to go...but, on the other hand, an offer to C&R the claim could be made.

    i just want to get this over with and settled i could use the cash.
    Your AA may ask 'how do you want to settle this claim?", but that does not necessarily mean you will get a lump sum payment.

    It is entirely likely a very low offer will be made, and you will opt to take the bi-weekly payments...and leave the medical open. Which may or may not be in your best interest.

    IF you settle this out...and receive any money for medical in the allocation, that should/must be deposited in an interest bearing account...and used ONLY for medical to your injury...it's not money to spend any way you like. FMC money is not a part of your compensation for the injury.

  6. #6
    Join Date
    Oct 2008
    Posts
    21

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    i also got a letter syiing that my employer did not respond in the time alotted for getting me a light duty job. i will call my atty right now to see whats up. i am still getting checks from the work comp ins but it is very small and they said that from the money that i am receiving right now that it will be deducted from my settlement. i already passed the 2yr mark

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    the permanent disability rate increases 15% if there is no modifed work offer.
    They are required by law to advance a portion of your estimated permanent disability.

  8. #8
    Join Date
    Oct 2008
    Posts
    21

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    they did raise my pay 15% i get like $520 every 2 weeks

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    i also got a letter syiing that my employer did not respond in the time alotted for getting me a light duty job.
    The code/law doen't mandate a 'light duty' job, but a job offer that would last a min of 12 months that fits the requirements provided in the Labor Code...'regular work', alternative work' or 'modified work' among other provisions.

    The requirement is the 'interactive process', and a valid offer of employment within 60 days of your P&S/MMI determination.

    The status conference is like an MSC/Mandatory Settlement Conference...there will be a determination to see if discovery is complete, and if that is a 'yes', and there is no settlement that day...a trial will be set on calendar.

  10. #10
    Join Date
    Oct 2008
    Posts
    21

    Default Re: Notice: Hearing before workers compensation appeals board of the state of califor

    ok thanks. i got a job offer at another place and it is a good opportunity. it is a office job and has no physical labor unlike my old job which was nothing but with lots of overtime required. my atty said it is ok to take it if i want as long as im not getting disability payments,

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