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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Stip with Request for Award

    I was awarded by DWC today with 77% WPI and a life pension. My attn. requsted for his fees be commuted "off the side" he crossed out "from the far end" what does this mean is it good or bad for me.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Stip with Request for Award

    it means he gets his fee all at once instead of payments.
    generally it means there will be a gap between when your PD ends and life pension begins as that money was used to pay the atty fee.
    either that or they'll reduce your rate.
    the carrier is allowed to retain a 3% commutation fee for the early payout.

  3. #3
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Stip with Request for Award

    So will i recieve both from now on or do i have to wait till my PD is gone to start recieving my life time pension.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Stip with Request for Award

    life pension begins after your PD weeks end.

    P.S. technically 77% WPI is an impairment rating; not a permanent disability rating.

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

    Default Re: Stip with Request for Award

    P.S. technically 77% WPI is an impairment rating; not a permanent disability rating.
    When a judge awards in a Finding w/Award and order, that 77% is a final PD/WPI rating, and valid for calculating PPD indemnity benfits. If it were a impairment rating vs a PD rating... it would have to be converted to PD... potentially lower number.

    Off the side means your AA is getting a lump sum payment, and you are receiving a reduced number of weeks indemnity, if commuted off the end, the weekly benefit amount would be reduced, as the number of weeks can't be determined.

    You should question this however, when there is a life pension... its true, the LP does not begin until the PPD indemenity is paid out...but there could be a gap between those benefits due to the AA fee commutation...the LP wont begin until after ALL weeks of indemnity are paid. Including taking into account the commutation of AA fees. There could also be an issue regarding the increase/decrease you may be due.

    LP/Life Pension is a significantly reduced amount in weekly benefits... severely reduced. Not nearly the same as your PPD indemnity rate.
    The carrier may be entitled to the 3% discount on commuting the AA fees, but that should not affect your award. The atty would see the discount.

  6. #6
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Stip with Request for Award

    Would it be possible to take the PD as a lump sum. Then draw the LP. With the award my biweekly payments were reduced how can i bring the biweekly payment up.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Stip with Request for Award

    you can request some or all of the PD be commuted into a lumpsum. you'll have to petition the court with your reasons. the employer/carrier can object.
    you should be discussing these issues with your atty.
    this should have been submitted along with the rest of the award information.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Stip with Request for Award

    Quote Quoting what4 View Post
    Would it be possible to take the PD as a lump sum. Then draw the LP. With the award my biweekly payments were reduced how can i bring the biweekly payment up.
    You aren't going to increase the weekly benefit amount... that's not what PPD indemnity is for.
    It's not likely they would commute the PPD indemnity, leaving the LP open...and, the LP does not begin until the PPD indemntiy weeks are paid out...so, even IF you were successful in your thought process...it could be months/years before the LP would begin.

    If they are interested in cashing out the claim...it will include ALL outstanding issues.

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

    Default Re: Stip with Request for Award

    don't listen to bvia.
    commutations happen all the time.
    as long as you have legitimate reasons and some documentation the judge will grant what's reasonable.
    it's not up to the carrier.
    http://www.dir.ca.gov/dwc/FORMS/DWC_Form49.pdf

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Stip with Request for Award

    There is a thread here http://forums.workcompcentral.com/vi...165e013fd38ce2 regarding the difficulty and confusion over commutations where LP is included. Take it for what it's worth.
    don't listen to bvia.
    commutations happen all the time.
    You should include a "IMHO" on that one SH... you have no basis to rely upon. I doubt you have ever seen the inside of a WCAB office.
    as long as you have legitimate reasons and some documentation the judge will grant what's reasonable.
    That's very matter of fact, again something have no data on...so you might change "will" to "may" ....
    No, it's not up to the carrier... but the carrier does have the ability to dispute a commutation.

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