Results 1 to 7 of 7
  1. #1
    Join Date
    Oct 2011
    Posts
    23

    Default What Happens After You're Declared P&S

    Hi Everybody - My injury was in the state of CA.

    I know its best to try and see if your questions have been answered in a prior post before posting, but I'm having a hard time… I know every case is different so its tough to relate
    my situation to anybody else's. I am hoping someone can help me understand the process of whats going on now…

    Basically, last year I was knocked off a ladder at work and have been on worker's comp since with pain in my lower back and legs. I was seeing the same primary care doctor for about 9 months, until I asked to switch doctors. Basically, he performed an EMG and MRI at the beginning, when I first saw him, and other than a few "Nerve Root Blocks" he didn't do anything to treat me. The last few months of seeing him were spend with him requesting a new MRI or EMG, only to be continually denied. It got to the point where going to the doctor became more of a burden than anything else because he wasn't able to do anything to treat me. I got tired of that and asked for another opinion and was sent to another doctor. I've seen him three times now. About two months ago (It was reaching the one year mark for my injury), a QME was requested by the worker's comp. His report declared me Permanent and Stationary based of my non-responce to treatment (which I take issue with, the only thing they did to treat me was 3 weeks of physical therapy immediately after the injury and three nerve root blocks to block the pain). He noted future medical treatment. He suggested a new EMG and MRI. He rated my injury at 30% and added 3% for pain, making me 33% disabled with his report. I returned to my new doctor (The one I've been seeing for three months) and he said he agreed with the P&S.

    Now my lawyer says I need to file for state disability, which he told me to do early on in the injury but my original doctor wouldn't sign the forms. Lawyer said it has something to do with going back 18 months from the filing date and looking at earning history. That they would deny the claim but when I was finally declared P&S, they would start the claim from the original application date. None the less, that doctor wouldn't sign it so now that my new doctor agrees, I've mailed him the form to sign.

    I really don't know what happens next. Will the Worker's Comp check's stop immediately, or is there some kind of period that it'll take to file the report with the doctors and a warning letter from workman's comp saying that they cut off the check? I was getting close to $1,000 a week from workman's comp, but am told that the state disability is around $250 a week. Am I guaranteed that amount or is it based off those 18 months? I am very confused. When do those checks start? Is there a way to get additional money? Living in California, I can't pay my rent off $250 a week. How long does it take for a "settlement" offer or hearing to begin? How long til I see that money?

    I also read something about my company having to offer me work based on my "work restrictions" that the doctor listed… I work in the film industry and am basically an independent contractor. The way it works is you're hired by a production company that is specifically formed to produce a movie… and once that movie finishes filming, the company that produced the film closes. So I don't think there is anyway that company can be held to offer me work. How does that affect me?

    Any explanation you can give me will help. My lawyer explained it some but I am still very confused.

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

    Default Re: P&S Confused About What Happens Next

    read the factsheets on the state dwc website.
    read any of the many many other posts on the california site where those same qestions have been asked many times. links to the factsheets are posted there many many times

    EDD also has a website with sdi information.

    if you are an independent contractor you are not entitled to workers comp.
    neither you nor your employer can decide your contractor status.
    Last edited by .SH; 08-03-2012 at 09:44 PM.

  3. #3
    Join Date
    Oct 2011
    Posts
    23

    Default Re: P&S Confused About What Happens Next

    I have to say, .SH - Your response was unhelpful, so why even post it? To suggest I hadn't researched the questions I'd asked before I posted is insulting, but judging from your post -- thats exactly the way you intended it. I read the fact sheet on DWC many many times. I read many many posts on the California site many many times, where those questions had been answered in many many different ways. I was so confused, I came here looking for guidance. I did not post here to get spoken to like I am idiot.

    As obviously someone who posts on this forum often, you should reconsider your stance on responding in a negative fashion. I, like so many others, have enough troubles dealing with the situation we've been forced into and don't need useless and frustrating response from an anonymous person. Truly, you made a bad week all the more worse.

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

    Default Re: P&S Confused About What Happens Next

    after many many posts I found it is not wise to make assumptions about the preparations/research that were done before the question was posted.
    after 12 posts you can't be expected to be there yet.
    Last edited by .SH; 08-09-2012 at 01:39 PM.

  5. #5
    Join Date
    Oct 2011
    Posts
    23

    Default Re: P&S Confused About What Happens Next

    Please explain to me Newton's theory of intelligence based off a post count.

    After many many years on this planet, I've found it's not wise to make assumptions about other people's intelligence regardless of my own personal presumptions. You'll find many many posts about that on google... It's call prejudice.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: P&S Confused About What Happens Next

    If you are P&S/MMI, you are not entitled to SDI, you are presumed able to perform some type of work, and should be looking for a job that fits any permanent restrictions.
    You may/may not be eligible for UI benefits. File the application, EDD will make the determination, and the weekly rate will be based on your qualifying wage base period.

    Once you are declared MMI, those TTD benefits stop, no...you don't get a 'warning' letter....but a NOPE/Notice Of Potential Eligibility of benefits outlining the TTD you have rec'd, the PD/WPI rating, and number of weeks PPD indemnity benefits due, PPD is capped at about $230 week. Start looking for a job.
    So I don't think there is anyway that company can be held to offer me work. How does that affect me?
    If the ER is not in business... they are not in bussiness can can't offer your employment. You may/may not be eligible for the 15% increase in PPD.
    . How long does it take for a "settlement" offer or hearing to begin? How long til I see that money?
    There is no guarantee of a cash settlement in a comp claim...you are entitled to PPD indemnity, and medical care.
    If your atty hears nothing from the ER/IC regarding some type of resolution to the claim, a DOR can be filed for MSC/Mandatory Settlement Conference, if you and the ER cannot come to informal agreement, either a Stipulation w/Award, or C&R, your claim will be set for trial. Judge has no option but to award continuing benefits/medical.
    I have to say, .SH - Your response was unhelpful, so why even post it? To suggest I hadn't researched the questions I'd asked before I posted is insulting, but judging from your post -- thats exactly the way you intended it. I read the fact sheet on DWC many many times. I read many many posts on the California site many many times, where those questions had been answered in many many different ways. I was so confused, I came here looking for guidance. I did not post here to get spoken to like I am idiot.
    The way something is read vs intended are often very different. Message boards are intended to provide general if not generic information, not answers specific to your situation. You have an attorney for that,(My lawyer explained it some but I am still very confused. ) and should ask again if you are confused.

    Please explain to me Newton's theory of intelligence based off a post count.
    People come here to try and provide information to IW's having difficulty with their claims... FREE I might add...replys by those with higher post counts... SH, and myself are basing those responses on years of experience with our own claims, or actual "in the trench" experience/research.
    As obviously someone who posts on this forum often, you should reconsider your stance on responding in a negative fashion. I, like so many others, have enough troubles dealing with the situation we've been forced into and don't need useless and frustrating response from an anonymous person.
    No one here knows who the response is being read by... aren't you annoymous too? Who would you turn to w/o the internet...?

  7. #7
    Join Date
    Oct 1971
    Posts
    3,573

    Default Re: P&S Confused About What Happens Next

    tocfilmer
    Any explanation you can give me will help.
    What happens when the doctor declares me to be permanent and stationary?
    At this point, any temporary disability benefits will cease, and the insurance company will begin paying you permanent disability benefits. Your doctor will issue a report outlining your disability, any apportionment to non-industrial injuries, and any future medical care that you may be owed.

    Top 4 Things You Should Know When Your Doctor Declares you Permanent & Stationary.

    http://www.avvo.com/legal-guides/ugc...t--stationary-

    He rated my injury at 30% and added 3% for pain, making me 33% disabled with his report.
    Permanent Disability Benefits
    Most workers recover from their job injuries. But some continue to have medical problems. If your treating doctor says you will never recover completely and will always be somewhat limited in your ability to work, you have a permanent disability.
    This means you are probably eligible for permanent disability (PD) benefits.
    https://www.cameraguild.com/member-r...-benefits.aspx

    Do not look for work unless instructed to do so by your attorney!!
    If you have a disability that will last a year or longer, you should apply for SSDI, do it today!!

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

Similar Threads

  1. What Happens After You're Declared P&S
    By jarettlee05 in forum California
    Replies: 5
    Last Post: 06-15-2011, 04:36 AM
  2. Declared at MMI Before IME
    By kahfamily1 in forum Idaho
    Replies: 3
    Last Post: 08-30-2010, 03:23 PM
  3. Declared to be at MMI After IME
    By H20girl in forum Utah
    Replies: 3
    Last Post: 05-10-2010, 12:09 PM
  4. Declared P&S Too Soon
    By whenwebecamethetarget in forum California
    Replies: 27
    Last Post: 09-03-2009, 02:57 PM
  5. Declared MMI, What Now
    By DCasper in forum Insurance Company Practices
    Replies: 1
    Last Post: 08-12-2009, 05:35 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer