permanent & stationary disability

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Latest post 05-11-2006 10:01 AM by stevepsca. 9 replies.
  • 05-05-2006 10:13 PM

    permanent & stationary disability

    i have just been placed on permenant and stationary disability by my employer's doctor. out of all the people my job has sent me too, this doctor is the only one who has placed me in this position. now the payments have stopped and workman's comp. is saying there is an overpayment. the doctor has said that i have been in this condition 4/29/05 til 4/24/06. i just saw this doctor the 5th of last month. is this right for him to do that? now workman's comp. is saying there is an overpayment because of that and they will credit the amount against permanent disability. is that right? what is the next process now? will i be receiving a settlement soon? i have no income coming in for my family and jobs have dinied me employment. am i suppose to find another position in the meantime? what do i do?
  • 05-05-2006 10:43 PM In reply to

    Feedback [*=*] re: permanent & stationary disability

    IF your PTP doesn't feel that you are P&S at this time, you should ask the CA for a list of doctors to choose from... this is a Panel QME, you select one and the IC/CA selects one, each is crossed off and the third is the doctor you will see. THis is the doctor who will make the determination regarding the dispute. IF this PQME says you are not P&S, your benefits will be resumed. IF you are P&S you should have a report from the doctor releasing you to return to work and what your restrictions are if there are any.
    In any case, your employer should be contacting you regarding your return to work. You should call the ER as soon as possible to make an appointment to discuss your return to a job that is within your restrictions.

    The IC will stop your TTD as soon as any doctor says you are P&S/MMI and make a guess at your rating. You should begin to receive advancments on your PD within 14 days, the same day as your TTD was paid. This amount will be less money than you were getting.

    Since you were deemed to be P&S over a year ago, there would be an overpayment of your TTD and the carrier will take a credit toward any award you may receive.

    You might want to consider speaking to an attorney if you do not understand your benefits/rights and find out just where you stand.

    So the information you have been given is correct, the CA has done things right, but if you and your PTP do not think you are P&S at this time, and there is additional treatment you need, you should act pretty quick as there are time constraints to be met and you do not want to be in a position to loose benefits.
    If you are in S Calif message me directly and I will give you a referral to an attorney in L.A., if in No Calif, I can also send you to someone there that maybe can help you out.
  • 05-06-2006 11:31 AM In reply to

    re: permanent & stationary disability

    I want to know how this doctor can deem me p&s when i saw him on the 5th of april 2006. i have an attorney, i just want to get better answers than the ones i have received from them. will i be awarded a settlement? Lowe's has not contacted me at all for any time of return to work on modified duty. i did everything for them to do so. I had my foot doctor fax my restrictions to them and they haven't made an attempt to call me. I the doctor who deemed me p&s suppose to send them restrictions of what i can do? or the workman's compensation people? am i suppose to look for another job? i don't know what to do. i have applied for new positions and none have accepted me due to my condition and i don't have enough customer service experience. this is what i am being told by employers. anyhow, i am a little upset and left in outerspace with this. i want to thank you for your information.
  • 05-06-2006 2:58 PM In reply to

    Feedback [*=*] re: permanent & stationary disability

    You should talk to your PTP and see if he agrees that you are P&S at this time. DO not leave his office without something in writing as to your restrictions if there are any.
    Go to Lowes and tell them you have been released to return to work and give them your restrictions. IF they have a position for you within the restrictions, they should give you the job. They must make every effort to accomodate you at this time.

    The doctor you saw who said you are P&S is doing this based on medical reports. He does not have to go only by the physical examination, though that plays an important part in the opinion. The ER's doctor (the one who wrort the report) is most always find you P&S, that is in the best interest of the IC.
    As I said before, if you and/or your PTP disagree with the report, you need to initiate the PQME process. Your atty should have explained this to you. Either that, or you could go to an AME... which ever your atty thinks is appropriate for your case.

    There are several ways to 'settle' your case. Either by a lump sum award, or a Stipulation with Award. A Stipulation is where the PD is paid out over time (IF there is any PD) and the medical remains open. The lump sum is a C&R and you will be releasing the ER of all future responsibility for your injury. IF you do a C&R, usually the ER wants you to resign. You may not want to do this now that you see how difficult it is to replace your job after your work related injury. You do not have to accept a C&R. Sometimes it is better for you to go with a Stipulation.

    I can understand you being upset, but I don't understand why you feel you are left in outerspace. Call your employer and find out about returning to your previous job or another position that fits your restrictions. You will get no where by sitting waiting for some one else to take this bull by the horns for you. It is your life, and your future, you should begin to participate in this process and the sooner you can return to work the less income you will lose. This is income you cannot replace.
  • 05-07-2006 7:40 PM In reply to

    re: permanent & stationary disability

    one more question. how long does the process take for finding out about lump sum award. my employer has told ma that they can't accomodate or make room for me to return to work.
  • 05-07-2006 9:27 PM In reply to

    Feedback [*=*] re: permanent & stationary disability

    There is no time limit to find out about a C&R settlement. You cannot force one either, the IC/ER is under no obligation to offer or accept a lump sum offer.
    You would have to accept less money vs taking the bi weekly payments until your award is paid out.
    You/your atty can make an offer/demand to settle your claim, but that doesn't mean it will happen.
    IF you do get an offer to settle by lump sum payout, you can expect a very low figure.

    Depending on the circumstances of your claim, you may or may not be eligible for Vocational Rehab benefits or vouchers. In any case, you should be looking for employment that fits your restrictions. You will not recoup wages you loose by not returning to work as soon as it is feasable.
  • 05-08-2006 1:36 PM In reply to

    Question [=?] re: permanent & stationary disability

    I was placed Pand S bythe Insurance company. My lawyer requested AME. When I went to the the AME evaluation before leaving he made it very clear I was still very TTD. What happens now?
  • 05-08-2006 5:13 PM In reply to

    re: permanent & stationary disability

    You should start your own post so as not to confuse the information with this one.
  • 05-10-2006 6:05 PM In reply to

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    Feedback [*=*] re: permanent & stationary disability

    Once you are p&S you can apply for tempary Disabilty with the state of California. Be very careful about the dates you put down for your BASE period. Have the people at the state office help you. You can collect benefits for up to one year or untill your amount runs out. I have done this myself and it save the roof over my head.
  • 05-11-2006 10:01 AM In reply to

    Feedback [*=*] re: permanent & stationary disability

    It is true that IF your TTD benefits are stopped, and your PTP thinks you are not P&S/MMI you can get SDI benefits if you have filed at the time of your injury and protected your dates of entitlement.

    BUT, if you are in fact P&S/MMI it means you have been released to return to work, though you may or may not have restrictions. In this case, you would not be eligible for SDI or unemployment benefits (unless you have lost your job through no fault of your own>>>UE benefits).

    To qualify for SDI your doctor must verify/certify that you are unable to return to work. This is a good benefit to be able to access when the IC/CA's QME declares you P&S and you in fact are not....
    The EED will place a lien on your award for any benefits paid that you are not entitled to.

    IF you are P&S though, and cannot return to your previous job, you should begin your job search immediately...there are very few benefits to be had when you are in this position.
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