Re: Loss of Wages = Back Pay
There is no easy answer to your question, California has one of the most complicated systems in the nation.
It's impossible to guess whether they'll pay back pay or not without knowing the facts of your claim - you can't post a few word summary and think you'll get a detailed response.
This is why it's best to consult a lawyer that specializes in comp in your state to get a realistic idea of what's going on.
There's more to it than just an impairment rating, they also take into account your loss of future earning capacity.
You could have a Body impairment of 20% and no loss of future earning capacity and end up with nothing.
Here's the link to California's website have fun trying to make sense of it, I can't.
SCHEDULE FOR RATING
UNDER THE PROVISIONS OF THE
LABOR CODE OF THE STATE OF CALIFORNIA
Labor Code section 4660, amended effective April 19, 2004, provides:
4660(a) In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or
disfigurement, the occupation of the injured employee, and his or her age at the time of the injury, consideration being given to
an employee's diminished future earning capacity.
(b)(1) For purposes of this section, the "nature of the physical injury or disfigurement" shall incorporate the descriptions and
measurements of physical impairments and the corresponding percentages of impairments published in the American Medical
Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition).
(2) For purposes of this section, an employee's diminished future earning capacity shall be a numeric formula based on
empirical data and findings that aggregate the average percentage of long-term loss of income resulting from each type of
injury for similarly situated employees. The administrative director shall formulate the adjusted rating schedule based on
empirical data and findings from the Evaluation of California's Permanent Disability Rating Schedule, Interim Report
(December 2003), prepared by the RAND Institute for Civil Justice, and upon data from additional empirical studies.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.