California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Feb 2012
    Location
    Southern CA
    Posts
    3

    Cool What Happens After Worker's Comp Benefits Cap Out

    Hello All, I just received my last workers comp check. I have 2 disk's bulging L/4 L/5 and 1 of them has a Fischer tear or annular tear? Whatever it's called. I just call it OUCH! .lol I'm still in pain constantly, my right leg gives out now. I have a lawyer, but I don't want to end this blindly. My Dr. isn't recommending me for the disk fusion, he said I'd only have a 15% chance of getting out of bed. I have a few questions and I appreciate any help.

    1. What are my options as far as monetary compensation? Do I apply for State disability?

    2. My lawyer mentioned that my Dr. should be getting ready to write a letter with my percentage of disability? What is this for and do I want it? How should I end this case if I'm not even fixed yet? How do I end it if I'm not fixed?

    3. I'm thinking of asking for a microdiscectomy? Has anyone had this done? Should I be asking for this?

    Slightly more then a few questions....But I've been researching this workers comp thing for 2 years now and I never seem to find an answer that makes sense, and I don't want to agree to anything that might go against my rights. I know workers comp is a tricky beast, I just want to get what I deserve and need to get my butt back to work! THANK YOU SO MUCH!!!!


  2. #2
    Join Date
    Feb 2012
    Posts
    18

    Default Re: Ca. Workers Comp Just Capped Out at 104 Weeks, What Mow

    Has no treatment of any kind been pursued within the 24 months?

    Your attorney should be answering and addressing most of these questions, best case scenario, altho that is sometimes not the case due to workload, etc. But still, these are the questions and situations he is being 'hired' to take care of for you , and to which he/she should be providing you some answers. One would have thought/hoped that as the last check from WC temporary disability approached, there would have been some immediacy on your or his part to get the answers to some of this in the works.

    If your doctor has determined that your condition is permanent and stationary, then yes, you need a letter stating what your percentage of permanent disability is - without it, there is no 'settlement' or further action. Investigate this and educate yourself as to what it is and why it is important to you now and in the future.

    Only a doctor familiar with your case can tell you whether you should seek a microdisectomy, and I doubt it's something you can "ask for", most likely requires more in-depth exams with a doctor knowledgeable about such procedures.

    Good luck - you have some work before you it sounds like. Others much more 'in the know' here on the board will most likely respond with much better information than I have provided.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Ca. Workers Comp Just Capped Out at 104 Weeks, What Mow

    YES you should apply for SDI... should have long ago, even to protect your date of entitlement. You are supposed to apply for SDI within 49 days of becoming "disabled''.

    Your PTP will write a report outlining your statuts, as your now statutorily MMI. Your PTP should also be discussing treatment options with you... you shouldn't self diagnose, or develop your own "treatment plan".

    There is no guarantee of a cash settlement....and in your condtion, IMHO, you should not even consider selling your future medical coverage.

  4. #4
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Ca. Workers Comp Just Capped Out at 104 Weeks, What Mow

    I have a similar situAtion workcomp has paid 104 weeks and they just approved my knee replacement which happens in march 21st. April 23 is when my sdi is exhuasted and my attorney said work conp will not pay anything else into this even tho they are the one whos dragged there feet in getting me back to normal my dr wanted to do my surgeries two years ago and they keep denying it. My attorney wants me to get a estimate Pd rating from ny dr so she can have perminant disability kick in so i have a income whille off for this operation and problem is i have three injured parts both knees and right ankle and just now having my second operation of three more to come.. What do you all think i should do because if i have this surgery and have no income that means i am homeless and my son will have nowhere to live as well... They have placed me in a situation where i am almosy ready to give up and juat work threw the pain even tho its so bad i can barely walk at times and i am only 28 years old its sad lazy bums can sit on unemployement for 3 years but somebody who is injured gets one year to get better

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Ca. Workers Comp Just Capped Out at 104 Weeks, What Mow

    A PD rating may be a good idea, however you won't be paid the same rate as TTD was paid... actually about $230/$260 week depending on your AWW/Average Weekly Wage at time of injury.

    There are no additional cash benefits to be paid by WC or SDI.

    You can/should apply for SSDI/Social Security, and/or SSI, that would take more than a year though to get through the process.
    Check with County Social Services for any other benefits you may be eligible for.
    i am only 28 years old ...they just approved my knee replacement
    There is the reason for delay... TKR is not generally done on someone your age. All other conservative approaches should be attempted first.

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