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what my rating translates to in laymens terms (roughly)?
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Looks like you are trying to find out how much money you are to receive...(?)
There is a labor code that provides the information you are seeking. Your 10% PD/WPI rating is scheduled for 4 weeks of each 1% of the rating... 40 weeks for yours.
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Column 2--Number of weeks
for which two-thirds of
Column 1--Range average weekly earnings
of percentage allowed for each 1 percent
of permanent of permanent disability
disability incurred: within percentage range:
0.25-9.75 ...................... 3
10-14.75 ....................... 4
15-24.75 ....................... 5
25-29.75 ....................... 6
30-49.75 ....................... 7
50-69.75 ....................... 8
70-99.75 ....................... 16
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Take the 40week, x your PDA rate, which will probably be around $230/wk or so,(if you are a max wage earner) = $9200 indemnity due. As you are remaining in your pre injury job, you could be subject to the 15% adjustment to that PD amount.
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4658 (2) If, within 60 days of a disability becoming permanent and
stationary, an employer does not offer the injured employee regular
work, modified work, or alternative work, in the form and manner
prescribed by the administrative director, for a period of at least
12 months, each disability payment remaining to be paid to the
injured employee from the date of the end of the 60-day period shall
be paid in accordance with paragraph (1) and increased by 15 percent.
This paragraph shall not apply to an employer that employs fewer
than 50 employees.
(3) (A) If, within 60 days of a disability becoming permanent and
stationary, an employer offers the injured employee regular work,
modified work, or alternative work, in the form and manner prescribed
by the administrative director, for a period of at least 12 months,
and regardless of whether the injured employee accepts or rejects the
offer, each disability payment remaining to be paid to the injured
employee from the date the offer was made shall be paid in accordance
with paragraph (1) and decreased by 15 percent.
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Meaning, if you stay where you are...your PD decreased by 15%. You would receive PD payments for 40 weeks totaling $7820 +/- based on the factors of your claim. You can petition for that to be commuted to a lump sum. You would receive that minus 3%/annum to bring the amount to ''todays dollars'' (about $7585.40). Medical treatment will remain available subject to prior authorization, and ACOEM/MTUS guidelines. As well as the UR process.
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It was greatly exaserbated by my boss not complying with the recommendation...
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Probably no recovery there. Lots of IW are unsure about this issue. Restrictuons your PTP places on you, are on you, not your ER or the job you do. These restrictions pertain to your everyday activities. When your boss didn't provide the ''reasonable accommodation'', you should have 1) notified HR immediately, or 2) return to your PTP and tell him/her your ER could not accommodate your restrictions/light duty, and be returned to a TTD status until those (the desk) were provided.
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The doc said that delay likely turned this into a chronic injury when it otherwise would have likely healed completely after just a few months....really frustrates me. They could have spent 1200 on an ergonomic desk and now they will spend....?
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In the end of any claim, it's about money. It's always about money, exposure to financial liability.
Unfortunately, as you/many IW's do not seek the advice of a I&A officer at the WCAB, or atty, there is no one to educate you on the process. If there were, you would have been advised to not work until the accommodation/desk was provided. Trying to 'think like' an IC... your frustration is well placed.... but let it go. The more you try to understand comp, the worse it will be. Just concentrate on a successful return to work, and no re-injury.
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