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  1. #1
    Join Date
    May 2009

    Question 44% Permanent Disability Rating

    I received PD percentage in California at age is 36, DOI 4-20-02, $540.00 per week at the time of injury /machine operator /the injury is cervical spine and shoulders and upper extremities, i have lost almost 50% of pre-injury capacity for work duties/AME 44% PD permanent disability rating.

    I wanted to know whats my compensation award?

  2. #2
    Join Date
    Feb 2007

    Default Re: 44% Permanent Disability Rating

    The labor code section 4658 provides for weeks indemnity payments for each 1% of the rating...yours is 7 weeks payable at 2/3's of your AWW but no more than the PDA cap... now I think that is around $230/wk. for your DOI/2002 So your indemnity award is 308 weeks for $70,840 plus/minus. (that wkly amount may be different)

    If you were to receive that money in a lump sum, there is a 3%/annum reduction, by law, to bring the amount to 'todays dollars'.
    Info on C&R here...
    Info on Lump Sum Payments here...
    Info on Findings & Awards here...

    There may be other factors here, and you may be eligible for additional benefits...

    If you settle the claim by a Stipulation w/Award, the PPD will pay out over time...the 308 weeks. The medical will remain open.
    With a 44% PD (and that is PD and not WPI), it would appear your injuries are significant, and likely in need of additional treatment. It may not be in your best interests to settle by a C&R. Any further treatment you may need will be out of your pocket.

    You may be required to deposit money you receive for future medical in an interest bearing account to be used only for the medical.
    There are a lot more things to consider here than a lump sum payment...and a attorney would be a good idea for consultation before you enter into any agreement to settle the claim.

  3. #3
    Join Date
    May 2009

    Exclamation Re: 44% Permanent Disability Rating

    The lawyer says that my case values up to only ..$38,080.
    Because in the table of Permanent disability indemnity chart marks:
    44% PD, of future payments a week is to $224.00, DOI 4-20-02 equal to
    $38.080 Award. My wages are $540.00 a week,its the same compensation of $38.080
    of one different person that there wages are $320.00 a week and the same percentage and DOI. Because in the indemnity chart it doesn't mark,neither the lawyer.And if the wages change the quantity of the award or not?. I am confused and if the lawyer says the truth what can i do?

  4. #4
    Join Date
    Oct 2006

    Default Re: 44% Permanent Disability Rating

    that's correct $38080 for 44% for DOI between 7/1/1996 & 1/1/2003 = 224 weeks
    the PD rate is capped at $170/week for that injury no matter how much more per week your wages are.

  5. #5
    Join Date
    Feb 2007

    Default Re: 44% Permanent Disability Rating

    I can't tell you why different charts provide different information... I don't know what your atty is basing the information on. Below is the information as provided in the labor code.

    (b) This subdivision shall apply to injuries occurring on or after
    January 1, 1992.
    If the injury causes permanent disability, the
    percentage of disability to total disability shall be determined, and
    the disability payment computed and allowed, according to paragraph
    (1). However, in no event shall the disability payment allowed be
    less than the disability payment computed according to paragraph (2).


    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:
    Under 10 ....................... 3
    10-19.75 ....................... 4
    20-24.75 ....................... 5
    25-29.75 ....................... 6
    30-49.75 ....................... 7
    50-69.75 ....................... 8
    70-99.75 ....................... 9

    The numbers set forth in column 2 above are based upon the
    percentage of permanent disability set forth in column 1 above and
    shall be cumulative, and shall increase with the severity of the
    disability in the manner illustrated in subdivision (a).
    (2) Two-thirds of the average weekly earnings for four weeks for
    each 1 percent of disability, where, for the purposes of this
    subdivision, the average weekly earnings shall be taken at not more
    than seventy-eight dollars and seventy-five cents ($78.75).
    If the max PD weeky payments are $170 for your DOI... then that is the number you'll have to accept. Regardless of your AWW/average weekly wage.

    Seven weeks for each 1% of the rating is still 7 X 44 = 308....X $170 = $52,360.

    I am confused and if the lawyer says the truth what can i do?
    Your atty knows the particulars of your claim... and he is the one you should be listening to. As you can see here... different people may be reading different charts and computing your rating differently... this is a message board, not to be taken as legal information or advise.

    If you are doubting your atty advise.. and believe me, if there were a way to get more money out of your rating... he would be the one to find the way... but you can call the Information and Assistance officer at the WCAB/comp court... and get a verification of the atty information.

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