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  1. #1
    mama Guest

    Default Compensation for a Brachial Plexus Injury

    I have a bracial plexus injury and type all day which aggravates it. W/C has never denied claims or w/c benefits. But at the end of it all, I will probably still be typing, eventually requesting voc rehab or retraining for a new position. With CA law changing, should I settle now (and will I get any more compensation?) or request future medical and wait it out? Help...

  2. #2
    anonymous Guest


    Most of the changes in the laws will only apply to injuries after 1/1/2004. The laws affecting your claim will continue.

  3. #3
    mama Guest


    Thank you. Ok, then... at the rate that I'm going, I will still probably have to request Voc Rehab, etc... eventually, will I have to retain an attorney? Should I expect any type of settlement unless I ask for it?

  4. #4
    anonymous Guest


    In california the law doesn't require that you request voc rehab at least initially. Your treating doctor determines whether you are qualified (from a medical view point) and the carrier makes an offer which you can accept, reject or delay. Legal representation is not required to recieve Permanent Disability payments. A doctor will supply a report on your restrictions which will be automatically rated and if there's agreement, a formal award for payments will be issued. To find out more about California's work comp system see

  5. #5
    rce Guest


    My PCP may request Voc Rehab for me if I am unable to fulfill my duties on a restricted schedule; my employer wants to evaluate me as well. I work in a Call Center and I doubt there are any other duties that don't require me to type most of the day. If and when can I request compensation for the remaining 1/3 of wages lost from Work Comp? Should I get an attorney... I'm hoping they will grant me future medical.

  6. #6
    anonymous Guest


    Work Comp is capped at 2/3. It's up to indidividual employers if they want to makeup the difference; It's rare but some may.
    Future medical is almost automatic even if it's just precautionary i.e. will be awarded as "if necessary, may need"
    Having legal representation is optional in comp. Knowing which doctors give higher ratings does result in more benefits. Litigated cases can last longer.

  7. #7
    rce Guest


    So it wouldn't be wise to ask for my 1/3 as well? If I meet with my employer to go over work restrictions and they offer me a settlement, what should I consider besides future medical? How much cash to cover future med? Pain/suffering? Over how much time? I don't want to have to call an atty if I don't need to. Please advise. Thanks a bunch.

  8. #8
    anonymous Guest


    Sounds like your employer is self-insured if there's no carrier involved.
    Work comp has no "pain and suffering" provisions only disability; you have to have a medical rating to find out how much disability. Once you get a rating the amount is cut & dried - right out of the labor code - not much to negotiate.
    The default option is the regular payments and open medical.
    To find out more about permanent disability go here

  9. #9
    rce Guest


    If I have discussed with my PCP that I will definately need future medical and he will eventually PNS me (after he tries to put me back without restrictions and he eventually will reduce my schedule again because my condition will be exacerbated again), can I as the patient speed up the settlement process? I just want to settle with future medical and not have to go through litigation, as I am afraid will happen...any insight?

  10. #10
    anonymous Guest


    About the only way to "speed it up" would be to ask your doctor to rate you ASAP. Raising issues would delay a finalization.
    If there were no issues I'm not sure what would be gained by trying to speed up the process, as treatment and PD advances would be made in any event.
    To get the official award papers takes as long as it takes; there are certain steps that can't be skipped and besides they are not that special to look at.

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