California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Feb 2013
    Posts
    8

    Default Ulnar Bone Shortening and Future Medical

    Hi, I have already had carpal tunnel surgery on both hands, de Quarvain release on the left. Now I will need the ulnar bone shortened bc the bones are not far enough apart and wearing a hole in my tfcc. Part of this problem is bc that's just how my bones are, only 2 mm apart, but this wouldn't have happened at the age of 35 if u didn't do the kind of work I did for 13 years. So at some point I may have to do this bone shorting to the right also. I've been on Wc for almost a year, so what happens if I reach my 104 weeks and I haven't gotten the right done yet? Will they still have to pay for it? I go to court on the 30th bc Wc has been under paying me by $300 a month for 11 months. Will they have to pay a penalty on that? When I get a final settlement do they take all of my surgeries into consideration? Who decides if I can go back to my old job when this is over. My doctor has said in too young to have had all this happen and I shouldn't do the work anymore. I'm totally freaked to have my bone cut in half and put back together with a plate. I had no idea I was in this bad of shape. Any advice or info would be great. People who have never been through this have no idea how lonely it is to be in pain all the time.

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

    Default Re: Ulnar Bone Shortening and Future Medical

    what happens if I reach my 104 weeks and I haven't gotten the right done yet? Will they still have to pay for it?
    There are no extensions of TTD past the 104 week cap for your type of injury. You should file for SDI now if you are eligible to protect your date of entitlement. TTD has nothing to do with whether or not treatment will be provided.
    I go to court on the 30th bc Wc has been under paying me by $300 a month for 11 months. Will they have to pay a penalty on that?
    Depends on the reason for underpayment. IF the benefits are found to be unreasonably delayed, a 10% self imposed penalty would be due, or the judge could award up to 25% penalties.
    When I get a final settlement do they take all of my surgeries into consideration?
    The type of treatment or amount is not considered in any benefits paid. You reach MMI, are rated for impairment/PD and a predetermined number of weeks indemnity benefits are due. You are not guaranteed of a cash settlement.
    Who decides if I can go back to my old job when this is over. My doctor has said in too young to have had all this happen and I shouldn't do the work anymore.
    Your PTP evaluates and rates you. If you dispute that rating, you go to PQME/AME for medical/legal evaluation. Your continued work is determined by restrictions, and whether or not your ER can provide another job for you. You could be eligible for a voucher to be used for job skill enhancment and/or retraining.

    You should talk to an atty before making any decisions on resolving this claim, go to www.caaa.org for names in your zip code.

  3. #3
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,899

    Default Re: Ulnar Bone Shortening and Future Medical

    You should get an attorney, if you don't have one already.

    I agree with BvIA, and you should apply for state disability now even though you are receiving TTD. They may also pay some of the gap of what your work comp is underpaying you (unknown until you apply). If they do, then they can put a lien against your work comp carrier.

    People who wait to apply for state disability until their TTD is gone sometimes do not get it due to the cut off date, that is why you should apply now, as it locks in your eligibility date. Every injured worker who has been out on TTD for 3 month period should apply for state disability for this reason.

  4. #4
    Join Date
    Feb 2013
    Posts
    8

    Default Re: Ulnar Bone Shortening and Future Medical

    I'm almost at a year on TTD is it too late to lock in the date for state disability?

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

    Default Re: Ulnar Bone Shortening and Future Medical

    Quote Quoting Cody1999 View Post
    I'm almost at a year on TTD is it too late to lock in the date for state disability?
    File the claim with EDD for your SDI benefits, they will make a decision based on your qualifying factors. No one here can answer that for you.

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