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  1. #1
    Join Date
    Mar 2009
    Location
    NW Montana
    Posts
    3

    Default Just Went from TTD to PPD

    I was just curious as going from TTD where my bi-weekly amount was one figure and now going to PPD the amount now will be slighly less. They have given me a % loss for my rating. What happens if I find a job at a lower rate of pay or a rate of pay where there is no wage loss from what I was receiving at my job that let me go because I could no longer perform the required skills of that job.

    If I find a job will I lose the PPD they are now sending me, or am I entitled to still draw my PPD.

    I have read http://law.justia.com/montana/codes/39/39-71-703.html

    This is all new to me so please bare with me.
    Striker

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Just Went from TTD to PPD

    If I find a job will I lose the PPD they are now sending me, or am I entitled to still draw my PPD.
    The PPD is your 'award', or indemnity for the loss of ability to compete in the open labor market.. you don't lose the PPD when you RTW.

    That PPD amount/number of weeks is also the basis for calculating a dollar amount for a potential C&R settlement to your claim.

    You could let the PPD pay out fully and leave the medical open, or negotiate the C&R and sell the medical and the ER/IC would be released from additional liabilty. If your state allows the commutation of medical benefits.

    You'll have to contact a WC ombudsman about the potential wage differntial, if you can't see it in the codes...it should be spelled out there.

  3. #3
    Join Date
    Mar 2009
    Location
    NW Montana
    Posts
    3

    Default Re: Just Went from TTD to PPD

    Just curious - How long can I draw my PPD?

    I'm just trying to figure out which is better to do, as in draw my PPD or settle it out. And how many weeks of PPD do they give us anyway? I think I read on another post where the poster was on TTD and then got PPD for only 42 weeks?

    My PPD is going to last alot longer than that, so it makes me wonder.
    Striker

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Just Went from TTD to PPD

    Just curious - How long can I draw my PPD?

    I'm just trying to figure out which is better to do, as in draw my PPD or settle it out. And how many weeks of PPD do they give us anyway?
    The answers to your questions are in the link you posted...
    Once you receive the PD/WPI rating, that will determine the number of week indemnity you are to receive.

    If you were to 'settle out' the PD, you would be taking a lessor amount of money than if you let it pay out over time. The money would be paid in 'todays dollars'... states differ in the amount of % they allow for a commutation...in Calif, the law provides for a 3% rate/annum. So it would depend on the cost of money, and your state WC rules how much you'd lose in taking a lump sum.

    Also, you can't force a C&R on the ER/IC.... and they don't offer one as a rule unless it is in their interest...

    I think I read on another post where the poster was on TTD and then got PPD for only 42 weeks?
    That is due to the other postes rating... and yet another reason not to make comparisions between claims.

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