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  1. #1
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default Calculation of Pd Benefits Based on Rating Disability

    Hello all,

    I have been getting conflicting information about which "formula" or chart is used to calculate PD payment dues once a rating has been agreed upon.

    I have been directed to use this chart to get an idea of payments due:
    http://www.pdratings.com/2009pdchart.pdf

    versus using the Labor Law for State of California info here:
    http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664 (c) This subdivision shall apply to injuries occurring on or after
    January 1, 2004. If the injury causes permanent disability, the
    percentage of disability to total disability shall be determined, and
    the disability payment computed and allowed as follows:

    Column 2--Number of
    weeks
    for which two-
    thirds
    of
    average weekly
    earnings
    Column 1- allowed for each 1
    -Range percent
    of percentage of permanent
    disability
    of
    permanent within percentage
    disability incurred: range:
    Under 10................ 4
    10-19.75................ 5
    20-24.75................ 5
    25-29.75................ 6
    30-49.75................ 7
    50-69.75................ 8
    70-99.75................ 9

    My CA quoted the pdrating chart listed on the first link. However, it would appear to me that Labor Law Code would superceded this information and is a discrepancy of about $6,000 from the pd rating chart (which is less) versus the Labor Law code.

    I am unrepresented btw. So when I talked to the CA yesterday he said he would "send" me a copy of the pd rating/payment schedule chart that they are using. I don't ever expect so see this info, I don't believe a word any CA (on my 5th one) says to me anymore. I am looking for correct info (as ammunition) to get the correct amount of PD payments that are due for a 16% rating.

    Is there anyone out there who can help shed some light on what the correct info to refer to when dealing with CA.

    I am also waiting for an MSC settlement conference to be scheduled. The DA has requested one and filed appropriate paperwork and I am fine waiting for this, since the CA and I had a yelling and screaming match on the phone yesterday, and I just can't go through dealing with anyone at the IC for another minute. I would rather have them "pay" to have a DA represent them at any and all upcoming sessions with the WCAB. It doesn't make any "business" sense to me that they would rather pay a DA than haggle with me over a few thousand dollars.

    Ugh, there is a lot more to the story, which I have shared off and on, but trying to get some clarification on this one issue. To summarize, does any one have definitive information on how/where/which is the actual correct payment due for a 16% disability so I am prepared when I go into battle again (most probably at the MSC).

    I would tend to lead towards the Labor Law section quoted above but trying to get confirmation. Again, I am unrepresented already declared MMI on May of 2009 and don't think I could entice an attorney at this point to even look at my case.

    Thanks
    Buttercup

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

    Default Re: Calculation of Pd Benefits Based on Rating Disability

    The 'charts' you are being referred to are NOT the law in Calif... the labor code defines indemnity weeks... not 'charts'.
    There could be other variables involved as well...PD increase/decrease due to job offer etc.

    An offer by the CA to C&R a claim would be paid/made in "todays dollars", may or may not include FMC/Future Medical Care considerations... again, too many variables to tell what the situation may be, and nothing is ''settled'' until a WCAB judge signs off on any settlement agreement, or issues a F&A/O, Finding w/Award & Order.

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