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  1. #1
    Join Date
    Apr 2018

    Default Loss of Wages = Back Pay

    CA: neck & back. P&S. SDI Over 4months ago. 0 income now...
    Now Claim accepted after 16 months....
    Body impairment 20% wt open medical...
    Will they pay me back pay for loss of wages
    Since it was denied over 12 months???
    + impairments $$????

  2. #2
    Join Date
    Apr 2018

    Default Re: Loss of Wages = Back Pay


  3. #3
    Join Date
    Oct 1971

    Default Re: Loss of Wages = Back Pay

    Quote Quoting Glade View Post
    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.

    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.

  4. #4
    Join Date
    Apr 2018

    Default Re: Loss of Wages = Back Pay

    Will do Tony. Thanks alot

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