View Full Version : California WC Disability
09-24-2007, 06:56 PM
Can someone tell me how to determine Long Term Disability from Permanent Partial Disability?
Are you eligible for one only?
Also, where do Vocational Retraining Vouchers come into play?
09-24-2007, 10:41 PM
I found a few things in the useful stickys -
Permanent disability is what is usually defined as how your injury has affected your ability to participate in the open job market. If you have recovered completely after reaching permanent and stationary status, you will not have a permanent disability. However, if your injury is not complete, you will have a permanent disability.
In order to compensate you for the future loss of your ability to participate in the open market, you should qualify for permanent disability and these payments will be due even if you don't suffer any wage loss, can return to the work you previously did, or you return to work.
There are basically three types of permanent disability awarded. The majority of injured workers will seek permanent and partial disability awards. Any permanent disability that is less than 100% is considered partial disability.
The second type of disability or award is a life pension award. This is a weekly amount paid to the injured worker after the normal weekly permanent disability indemnity and is paid until you die even if your condition improves.
The last type of permanent disability is called permanent and total disability awards a permanent disability award and this means you aren't able to work at any job or able to hold down any type of job.]
[ESTABLISHING PERMANENT DISABILITY
In order to establish a permanent disability status, you must be at a permanent and stationary status. Your doctors will write medical reports in which they set forth various opinions concerning your permanent and stationary status, along with their opinions concerning various limitations that may result from your injury. Normally, these rating processes may be done automatically and are called summary ratings. They are rated in increments of .25% to 100%. Once you reach a permanent and stationary status, the insurance company should give you notice of your permanent disability status. The insurance company is required to send you with your last payment of temporary disability payment a notice stating that neither disability will be paid if they feel you don't have a permanent disability or that you have a permanent disability. This will include the information on how you can get a formal medical evaluation if you disagree with their opinion or that permanent disability may be payable but the amount cannot be determined.
The insurance company's opinion will most likely be paid upon the treating physician's permanent and stationary status report and the advisory rating of that report. If you agree with the opinion, you may be in a position to begin settlement negotiations. You need to study the doctor's opinion and see whether or not you agree with it.
When the permanent disability is in dispute or you disagree with the report, you need to immediately call or write the insurance company within 30 days of receipt of the opinion. You need to explain the dispute and give your reasons. The insurance company also has the right to object to the opinion and either you or the insurance company can then request a QME panel.]
CA state W/C site-
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