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  1. #1
    Join Date
    May 2009
    Posts
    12

    Default 25% Disability Rating on Spinal Fusion

    Im 3 months post op on spinal fusion surgery l4l5 and my visit to the doctor yesturday told me I will be released on modified duty no more than 30 lifting no stooping bending etc. He told me if they dont take me back he will rate my disability at 25% in 45 days and let me go I am not evan close to better does anyone know what a settelement would be like at that rating? At work I make 33.44 an hour prevailing wage I am worried I feel like I am more than 25
    % disabled. Mentaly, physically.

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

    Default Re: 25% Disability Rating on Spinal Fusion

    The statute provides 6 weeks PD indemnity for each 1% of the rating... so your 25% PD/WPI is 150 weeks X's about $260/wk =$39K +/- depending on the factors surrounding your claim. There are other issues here that could affect a 15% +/- to the PD indemnity.

    Information on Disability Payments is here http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664.
    Read section 4658 and beyond about other issues/benefits that affect your benefits.

    The PD/WPI rating is based on the AMA 5th edition to rating disability/impairments... once that number is calculated, it's covereted to a final PD rating per the PDRS/Permenant Disability Rating Schedule.
    While your body part injured could be rated more on its own... that number is converted to a WPI/Whole Person Impairment rating...how the disability affects your ability to compete in the open labor market... basically you are considered to have a 25% reduced capacity there. Or able to find a job that pays 25% less in wages...the indemnity is intended to supplement those reduced wages until you are able to increase that ability to compete. That isn't the way it's defined in the 'rules', but that is the premise of an 'award' in WC.

    Mentaly, physically.
    Unfortunately in comp unless you have a psych claim/injury, and a 'mental impairment', there is no money for 'pain and suffering'...as I think you mean by 'mentally ...'...only your physical impairment/limitations are ratable for PD purposes.

    There is more information in the DWC fact sheets for IW's ...http://www.dir.ca.gov/dwc/InjuredWorker.htm
    FAQ's on PD ratings, PPD indemnity, and more...
    I am more than 25% disabled.
    If you disagree with the PTP rating you ask for a PQME or AME if you have an attorney... a med/legal evaluation would be performed and your rating could change based on that doctors exam/opinion. That PQME report would be forwarded to the DEU/Disability Evaluation Unit and they will review and rate the report. Read the fact sheets on those issue too...

    The statute provides 6 weeks PD indemnity for each 1% of the rating... so your 25% PD/WPI is 150 weeks X's about $260/wk =$39K +/- depending on the factors surrounding your claim. There are other issues here that could affect a 15% +/- to the PD indemnity.

    Information on Disability Payments is here http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664.
    Read section 4658 and beyond about other issues/benefits that affect your benefits.

    The PD/WPI rating is based on the AMA 5th edition to rating disability/impairments... once that number is calculated, it's covereted to a final PD rating per the PDRS/Permenant Disability Rating Schedule.
    While your body part injured could be rated more on its own... that number is converted to a WPI/Whole Person Impairment rating...how the disability affects your ability to compete in the open labor market... basically you are considered to have a 25% reduced capacity there. Or able to find a job that pays 25% less in wages...the indemnity is intended to supplement those reduced wages until you are able to increase that ability to compete. That isn't the way it's defined in the 'rules', but that is the premise of an 'award' in WC.

    Mentaly, physically.
    Unfortunately in comp unless you have a psych claim/injury, and a 'mental impairment', there is no money for 'pain and suffering'...as I think you mean by 'mentally ...'...only your physical impairment/limitations are ratable for PD purposes.

    There is more information in the DWC fact sheets for IW's ...http://www.dir.ca.gov/dwc/InjuredWorker.htm
    FAQ's on PD ratings, PPD indemnity, and more...
    I am more than 25% disabled.
    If you disagree with the PTP rating you ask for a PQME or AME if you have an attorney... a med/legal evaluation would be performed and your rating could change based on that doctors exam/opinion. That PQME report would be forwarded to the DEU/Disability Evaluation Unit and they will review and rate the report. Read the fact sheets on those issue too...

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