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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Compromise and Release

    Hello today I received something alarming in the mail. However before i get to that let me give you some back story.

    I was injured on the job, taken off work for nearly a year by my doctors and received temporary total disability payments from workers compensation. A few months ago I had a QME scheduled. The doctor spent 10 minutes looking at me, claimed i was fine and could go back to work. Which of course was bogus. Anyway I went back to my regular doctor I was seeing who wouldn't refute the QME probably because he was a doctor listed from the workers comp company.

    So I had no where to turn, and ended up quiting that job. Few weeks later I get a call from the workers comp agent wanting to settle the claim with me. I chose a compromise and release of course the price was low, but being backed into a corner of course i went with it, comp and release papers are sent to me, i sign and mail off.

    Jump to today. I get a letter from the Workers Compensation Appeals Board stating I have to go to a hearing at so and so time blah blah. However the type of hearing says "status conference" and towards the end of the letter under "special comments" it says "set re: TTP status by PTP". I have no idea what any of this means, I hope someone can tell me. Should I get a lawyer at this point?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Compromise and Release

    "TTP"... Is that a typo, and should be "TTD"...? (there is no such thing as "TTP"...)

    ANY settlement that closes your claim, MUST be reviewed for adequacy by a WCAB judge. A status conference is held so the judge can get an idea of what the ''status'' of your claim is, and if that C&R is in your best interests...that all issues in your claim have been adequately addressed.

    WAS there a PD/WPI rating included in the PTP MMI report ?
    That may be what this judge is looking for.

    Your feelings toward your experience are understandable. The IC's are permitted, by law, to have MPN/Medical Provider Networks...they function like an HMO, or PPO in personal health coverage networks.
    Those doctors are ''regular'' doctors who treat all kinds of patients, most are not limited to industrial medicine. PQME's are physicans, who after testing and certification are contracted with the DWC Medical unit. While these doctors are ''human'', they have opinions that, while should be based on medical evidence, have a tendancy to be biased toward one side or the other. There are min requirements for medical/legal evaluations... face time is important, but not what the bulk of a report is based on. The medical reports as submitted by the IC, and you are used to form a opinion on your condition, and PD/WPI rating.
    So I had no where to turn, and ended up quiting that job.
    Don't know what you mean here...and you haven't supplied enough info to tell what your situation may be. No one can ''force'' anyone to do something they are not willing to do.
    I chose a compromise and release of course the price was low, but being backed into a corner of course i went with it, comp and release papers are sent to me, i sign and mail off.
    ?...see above.

    Why have you not contacted an attorney, or I&A officer at the WCAB ?

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Compromise and Release

    since you are not represented you can have the local I&A officer pull your file and give you the details
    http://www.dir.ca.gov/dwc/IandA.html

    P.S. never heard of "TTP"...
    http://www.dir.ca.gov/dwc/WCGlossary.htm
    sounds like it was written to the carrier and you were just CC'd

  4. #4
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Compromise and Release

    Quote Quoting BvIA View Post
    "TTP"... Is that a typo, and should be "TTD"...? (there is no such thing as "TTP"...)
    - its not a typo thats literally what it says under "special comments/instructions" on the letter i received.

    Quote Quoting BvIA View Post
    WAS there a PD/WPI rating included in the PTP MMI report ?
    That may be what this judge is looking for.
    On my QME report the doctor says that apportionment of permanent disability is 60% trauma from work and 40% from a prior injury. However he claims that there is 0% permanent impairment.



    Quote Quoting BvIA View Post
    Don't know what you mean here...and you haven't supplied enough info to tell what your situation may be. No one can ''force'' anyone to do something they are not willing to do.?...see above.
    The QME sent me back to work, the IC said i had to go. My PTP didnt agree with the QME however he would not put it in writing or suggest a work restriction because he said "The QME has more say in this matter than i do, i cant take you off work". So i went back to work, and the pain started again. 2 weeks later i quit.


    Quote Quoting BvIA View Post
    Why have you not contacted an attorney, or I&A officer at the WCAB ?
    By the time I contacted attorneys about my case they would not take it due to the QMEs report. They said "Its nearly impossible to reverse a 0% impairment rating from a QME report."

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

    Default Re: Compromise and Release

    By the time I contacted attorneys about my case they would not take it due to the QMEs report. They said "Its nearly impossible to reverse a 0% impairment rating from a QME report."

    Should I get a lawyer at this point?
    If you found difficulty getting an AA before, you won't find it any easier now.

    If your PTP won't write a report refuting the PQME, you could seek an opinion from another doctor, out of pocket.

    its not a typo thats literally what it says under "special comments/instructions" on the letter i received.
    You need to contact an I&A officer at the WCAB. That is where your board file is, that is the person who can answer your quesitons. We only have what you provide, and sometimes that is just as confusing here as it is to you.

    The "TTP" could be a typo from the court. (?). As SH, and I have said, there is no such thing as "TTP".
    On my QME report the doctor says that apportionment of permanent disability is 60% trauma from work and 40% from a prior injury. However he claims that there is 0% permanent impairment.
    If you didn't request the status conference, and the CA didn't... then the judge could be looking for clarity in the PQME report.
    The labor code requires the PTP/PQME to address apportionment to cause in the final reports... along with the PD/WPI rating, or the report is not admissable. Your 60/40% apportionment, and 0% PD/WPI could raise that question.

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