California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Aug 2009
    Posts
    7

    Default Permanent and Stationary

    In July of last year I injured my shoulder at work. I saw a doctor that was provided by the state and in September of last year he cleared me to work again. I went back to work in February and I injured my shoulder again in April. I have seen the doctor since then a few times and today I saw him again and he told me I was "permanent and stationary" as of September of last year when he cleared me to work. Is there any action that I can take as far as workers comp?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Permanent and Stationary

    there are a number of different actions you can take and directions to go. most depend on what you want to do.
    Generally workers comp is automated - as information is received different responses and actions are triggered.
    it might help if you read the factsheet on Permanent Disability.
    http://www.dir.ca.gov/dwc/iwguides.html

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Permanent and Stationary

    Is there any action that I can take as far as workers comp?
    Can you elaborate on that... what is it you are looking to do ?

  4. #4
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Permanent and Stationary

    Did he take you off of work due to this re-injury? If so then you should receive TTD payments again.

    Unfortunately re-injuries are common, I had numerous and went back and forth, off and on TTD.

    Stating you are P&S when he returned you to work is common. If he has taken you off of work for this re-injury, I would assume you are no longer P&S.

    P&S status may change, with a re-injury etc.

  5. #5
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Permanent and Stationary

    I was looking into any claim could be filed because I was never notified that I was permanent and stationary. I was never given any paper work and was never told. All I know that my doctor cleared me to go back to work full duty. Am I entitled to anything because he had me go back to work and I reinjured my shoulder, such as disability?

  6. #6
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Permanent and Stationary

    If you have been taken off of work due to your re-injury you are entitled to TTD payments while you are off of work.

    If your doctor gave you a rateing of PD (permanent disability) when he P&S'd you then you should have been receiving PD payments within a few weeks of his P&S report. You need to request a copy of his report. If he gave you a 0% PD rateing then you would not receive PD payments.

    You mentioned you were sent to a doctor provided by the state. Are you a state employee, because I read in a post a while back that state employees are not paid PD. I do not know if this is true or not. So please to not take my statement as fact.

    SH and/or BvIA will have to answer that one.

  7. #7
    Join Date
    Jun 2007
    Posts
    339

    Default Re: Permanent and Stationary

    Quote Quoting kelly38 View Post

    You mentioned you were sent to a doctor provided by the state. Are you a state employee, because I read in a post a while back that state employees are not paid PD. I do not know if this is true or not. So please to not take my statement as fact.

    SH and/or BvIA will have to answer that one.
    State employees do receive PD if there is a PD rating. They are treated just like any other employee.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Permanent and Stationary

    you should file a workers comp claim.
    complete the claim form and give it to your employer.
    http://www.dir.ca.gov/dwc/DWCForm1.pdf
    they have 90 days to accept your claim and pay benefits.
    if the decision is delayed they will pay your medical.

  9. #9
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Permanent and Stationary

    I just called SCIF and they told me that my doctor sent the report to them and the rating was 0%. So, they told me that they basically released me to full duty at work. Could I still collect anything? I did fill out that paperwork at work for my injury.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Permanent and Stationary

    I just called SCIF and they told me that my doctor sent the report to them and the rating was 0%
    If you have an attorney, s/he would receive information, as well as you.

    But, if you don't have atty, YOU should be receiving ALL copies of any reports submitted by your treating physican, and any PQME evaluation. That PQME, state doctor, report should have been sent to you with the instructions of your option to dispute that rating. You can't do anything until the DEU issues their report/rating. Then you can file a DOR/declaration of readiness to proceed and go to a hearing with a WCAB judge.

    You are getting various reponses here because your information is sketchy.

    So from here...
    In July of last year I injured my shoulder at work. I saw a doctor that was provided by the state and in September of last year he cleared me to work again. I went back to work in February
    Ok, is that the report the CA/SCIF is referring to as having a 0% rating?
    I injured my shoulder again in April. I have seen the doctor since then a few times and today I saw him again and he told me I was "permanent and stationary" as of September of last year when he cleared me to work
    Are you referring to your treating physican who is saying you were P&S since last Sept when released to return to work, OR have you seen the same PQME who rated you at 0% before...?

    Is there any action that I can take as far as workers comp?
    Do you mean for a settlement/money ?
    Maybe, maybe not.
    WC benefits are provided where there is a work related injury, you treat, and receive wage replacement while you recover/can't work due to the injury. If there is no impairment/disability due to the injury, and you are rated a 0% WPI/PD, there would be no award/settlement. You are released to return to work in your previous job, pre injury employer. The 'system' has worked for you as intended.
    No pain and suffering, no lost wages, beyond the temp benefits, and no punitive damages... Your claim is open for future medical as necessary. You have the ability to re-open for ''new and further disabilitiy'' within five years from the orginial DOI/date of injury.

    Unless you suffered a serious injury that required surgery, it's very possible to not have any permenant disability here.

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