Results 1 to 4 of 4
  1. #1
    Join Date
    Apr 2018
    Posts
    9

    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
    Posts
    9

    Default Re: Loss of Wages = Back Pay

    Nothing???

  3. #3
    Join Date
    Oct 1971
    Posts
    4,925

    Default Re: Loss of Wages = Back Pay

    Quote Quoting Glade View Post
    Nothing???
    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
    PERMANENT DISABILITIES
    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.
    https://www.dir.ca.gov/dwc/PDR.pdf

    Tony
    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
    Posts
    9

    Default Re: Loss of Wages = Back Pay

    Will do Tony. Thanks alot

Similar Threads

  1. Loss of Wages Benefit
    By Boxerlady in forum Missouri
    Replies: 2
    Last Post: 01-09-2014, 05:09 PM
  2. Loss Wages After Retirement
    By waz13 in forum Connecticut
    Replies: 0
    Last Post: 08-12-2009, 11:11 AM
  3. Loss Wages
    By johnnycos in forum Ohio
    Replies: 10
    Last Post: 06-08-2009, 09:50 AM
  4. Loss Of Wages
    By luvhorses in forum Legal Issues
    Replies: 2
    Last Post: 05-03-2008, 07:31 AM
  5. Who is responsible for my loss wages
    By Mr.Pain in forum California
    Replies: 12
    Last Post: 08-15-2007, 09:11 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer