California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Oct 2012
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    4

    Default How to Calculate 100% Disability Disability Benefits

    My workers compensation claim was made in the State of: California

  2. #2
    Join Date
    Oct 1971
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    3,519

    Default Re: Calculate 100% Permanent Disability Benefits California WC

    Total Permanent Disability (T.P.D.)
    Total permanent disability is rare. That benefit is paid at the temporary disability rate for life. Total permanent disability is 100% disability. Certain conditions such as the loss of use of both arms or the loss of use of both eyes are presumed to be 100% disability. If you are 99.75% disabled, you are not 100% disabled and you will receive permanent disability advances as described above.
    http://hurtworker.com/california-wor...on-california/

    Tony
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    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Oct 2012
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    4

    Default How Calculate 100% Permanent Disability WC - California

    My workers compensation claim was made in the State of California. Have a long case. DOI in 1980s. Original injury left me 28% disabled. Case was settled in late 80s and left open with Stipulation award for future medical. Atty did absolutely no written or verbal counseling of what next steps should be in my situation. 5 years long gone by since settlement has happened, and now I am 100% disabled (permanent and stationary 2005). Doctor closed out my account saying that nothing else he can do for me. Atty now going for a buyout/closeout of my comp case for future medical. Currently gathering information for lawsuit to recoup damages for not being able to qualify for being 100% disabled since 2005, because I was not advised to keep seeing doctor in case my condition worsened. My salary when case was settled and when I was on Temporary WC disability was $600 per week. After a couple of years I went back to work in another field and worked until 2005 (however I was still suffering from original illness) when I was declared 100% disabled permanent for rest of my life from original injury. Now, I cannot have my injury increased from 28% to 100% due to 5 year statute of limitations. I need to find out, if my 5 year statute had not gone by, what salary I would be able to receive from CA-WC. Also, in 2005 my salary was $1,458 per week. My SS disbility is $2,133 per month. In order to see if I actually have lost money, would offsets against my SS make me realize nothing more than the $2,133 in SS that I now receive? Also, would I be entitled to anything else like another award for my new disability percentage, and would I receive any other monies like a persion. My malpractice attorney is asking for damage amounts as specific as possible. I am at my wits end to do this as I am not in the best of health, and most people will not talk to you if you already have an attorney. Any help would be greatly appreciated!!!! My malpractice atty does have a superior reputation. PS: I found out about the 5 year statute last summer.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Calculate 100% Permanent Disability WC - California

    Currently gathering information for lawsuit to recoup damages for not being able to qualify for being 100% disabled since 2005, because I was not advised to keep seeing doctor in case my condition worsened.
    Where do you think there is a case here?
    You are not eligible for future wage loss... who do you feel should have advised you to continue to see a Dr...? You have a Stipulation w/Award including future medical...you and your PTP would continue to see that medical care is provided, subject to the UR process.

    Since you did not petition to reopen your claim within the 5 years of org DOI... you cannot do that now. Any benefits you might be eligible for would be paid at the TTD rate on your org DOI.

    IF and it's a big IF, you were paid additional PPD, SSA would take an offset on your SSDI benefits. You cannot be paid more than 80% of your average wage at the time of injury, when you combine the WC and SSDI.
    Atty now going for a buyout/closeout of my comp case for future medical.
    Apparently the PPD on 28% (and your being 100% disabled under SSA rules has no bearing on this) all that's left is the medical, you must take Medicare interests into consideration here, that entails preparation of a WCMSA proposal to be submitted to CMS/Medicare. If the IC doesn't like those numbers, you cannot force a buyout.
    After a couple of years I went back to work in another field and worked until 2005 (however I was still suffering from original illness)
    If the job duties in your new job caused aggreviation or reinjury, you should have/could have filed a new claim with that ER... very difficult to go back on the prior claim at this point.

    I don't know what this malpractice atty thinks he's going to here, other than take your money in fees.
    Atty did absolutely no written or verbal counseling of what next steps should be in my situation.
    There are no next steps. You have a settlement...the Stipulation. PPD is paid out per the rating, medical treatment continues to be available. No one is required, under any law, to educate you in the WC laws, or process.

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