Results 1 to 4 of 4

Thread: CA Workers Comp: What is "permanent & stationary"?

  1. #1
    Junior Member
    Join Date
    Jun 2004
    Posts
    1

    Default CA Workers Comp: What is "permanent & stationary"?

    Hello,
    I have a workers comp claim for a torn rotator cuff I suffered from
    overuse at work. I have had numerous therapy visits and while it is
    much better, I still suffer a 'popping' sound, suffer some mild
    inflamation discomfort and have difficulty sleeping at night. The
    last orthopedic doc they sent me to said I should be "permanent and
    stationary" but that I still need a some physical therapy instruction.
    What exactly does "permanent and stationary" mean and should I agree
    to this eventhough I still have discomfort? I haven't lost any time
    or received any monies and just want to feel good again. Many
    thanks...

    Katy


  2. #2
    Senior Member
    Join Date
    Oct 2003
    Posts
    128

    Default CA Workers Comp: What is "permanent & stationary"?

    On Tue, 01 Jun 2004 16:59:41 -0400, mudhutkaty@juno.com (Katybub)
    wrote:
    I have a workers comp claim for a torn rotator cuff I suffered fromoveruse at work. I have had numerous therapy visits and while it ismuch better, I still suffer a 'popping' sound, suffer some mildinflamation discomfort and have difficulty sleeping at night. Thelast orthopedic doc they sent me to said I should be "permanent andstationary" but that I still need a some physical therapy instruction.What exactly does "permanent and stationary" mean and should I agreeto this eventhough I still have discomfort? I haven't lost any timeor received any monies and just want to feel good again.
    If you don't have an attorney, you should see one. Generally, all
    workers' compensation applicants should use an attorney. Fees are set
    by the system, and they are very low.

    "Permanent and stationary status can be defined as attained '... after
    the employee has reached maximum medical improvement or his or her
    condition has been stationary for a reasonable period of time.'
    (Cal.Code Regs., tit. 8, 10152.)"

    Gangwish v. Workers' Compensation Appeals Board, 89 Cal. App. 4th
    1284, 1290 n.7 (2001).

    ------------------------------
    Bob Stock, California Attorney
    Nothing I've said should be relied on as legal advice.
    ------------------------------


  3. #3
    Senior Member
    Join Date
    Jun 2003
    Posts
    884

    Default CA Workers Comp: What is "permanent & stationary"?

    mudhutkaty@juno.com (Katybub) wrote in message
    news:<aiqpb01tlbpqvv49mpgtc2tjqcbb63brl8@4ax.com>. ..
    Hello, I have a workers comp claim for a torn rotator cuff I suffered from overuse at work. I have had numerous therapy visits and while it is much better, I still suffer a 'popping' sound, suffer some mild inflamation discomfort and have difficulty sleeping at night. The last orthopedic doc they sent me to said I should be "permanent and stationary" but that I still need a some physical therapy instruction. What exactly does "permanent and stationary" mean and should I agree to this eventhough I still have discomfort? I haven't lost any time or received any monies and just want to feel good again. Many thanks... Katy
    "Permanent and stationary" in worker's comp lingo means that any
    residual disability is not going to go away, is not going to get much
    better with further treatment, and is not going to get much worse if
    you don't get further treatment. Finding your condition to be
    permanent and stationary is a prerequisite for the next stage, which
    is permanent partial disability.

    Since you didn't miss any work, you would get only paid-for treatment,
    not temporary disability payments -- those are for people who cannot
    work due to their disability.

    If you were to have a residual disability at this point, you would be
    entitled to a permanent partial disability benefit: the amount varies
    in a complicated formula; you can read about it in excruciating detail
    at http://www.dir.ca.gov/DWC/PDR.pdf. Note that limited shoulder
    motion is a recognized disability; if you now have much less than the
    full range of motion in your shoulder, you are on solid ground in
    asking for some amount of permanent partial disability.

    Workers Comp is a common specialty among lawyers, and it should not be
    hard to find a lawyer whom you are comfortable with. Especially if you
    feel you are being asked to agree to something you're not sure of, it
    would be wise to consult with one.

    --
    Not a lawyer,

    Chris Green


  4. #4
    Senior Member
    Join Date
    Aug 2003
    Posts
    451

    Default CA Workers Comp: What is "permanent & stationary"?

    mudhutkaty@juno.com (Katybub) wrote in message
    news:<aiqpb01tlbpqvv49mpgtc2tjqcbb63brl8@4ax.com>. ..
    Hello, I have a workers comp claim for a torn rotator cuff I suffered from overuse at work. I have had numerous therapy visits and while it is much better, I still suffer a 'popping' sound, suffer some mild inflamation discomfort and have difficulty sleeping at night. The last orthopedic doc they sent me to said I should be "permanent and stationary" but that I still need a some physical therapy instruction. What exactly does "permanent and stationary" mean
    I'm not a CA lawyer, but generally, "permanent" means your injury is
    bad enough that it is not going to go away, ever (usually rated for WC
    purposes as being a percentage of disability vs. a fully healthy
    individual), and "stationary" means it's also not likely going to get
    any _worse_. In other words, you've recovered as far as you're going
    to, but that's not all the way back to what you were like before the
    injury. Another way of saying that is that you have reached your
    "maximum medical improvement". Often, WC insurers use your having
    reached that point as a yardstick to cut off your future medical
    benefits, unless your situation actually worsens -- they may or may
    not have to pay for ongoing, "maintenance" treatment under your
    state's law, I don't know. However, the silver lining to that cloud
    is that the "permanency" may entitle you to either a lump sum cash
    award now, and/or future disability benefits, either for a period of
    time or for life. Best to consult a CA WC lawyer and get real help.
    and should I agree to this eventhough I still have discomfort?
    Do you already have a lawyer? Follow her advice.
    If not, all I can tell you is that no one will be able to give you
    useful advice unless they are able to become familiar with all the
    facts of your situation. That means, unless all you want are vague
    general principles which you shouldn't rely on to guide your own
    decision process, you will need to hire a lawyer to help you decide
    whether to agree to that assessment or not, and what your options are
    if you don't agree.
    I haven't lost any time
    Do you mean you didn't miss even a minute from your busy schedule to
    go to doctor's and therapy visits? Or that your employer didn't dock
    your salary when you did so, or when you took 1 or more days off for
    not feeling well? You certainly shouldn't have wasted your _own_
    free time to run to doctors if it was a WC case; you're entitled to
    time off to do that, and they have to compensate you for that time
    missed.
    or received any monies
    Sure you have. They've paid for your medical expenses, right? And
    continued to pay your salary (or at least a statutory percentage of
    it) while you were disabled. That's what WC is for.
    and just want to feel good again.
    We all certainly hope and wish for you that complete recovery.
    Unfortunately it sounds like your doctor feels you've reached a
    plateau and this is as good as it will get for you, sorry. But if
    continued therapy helps you maintain your functionality and feel
    better in the short run, by all means continue. Good luck,

    --
    This posting is for discussion purposes, not professional advice.
    Anything you post on this Newsgroup is public information.
    I am not your lawyer, and you are not my client in any specific legal
    matter.
    For confidential professional advice, consult a lawyer in a private
    communication.

    Mike Jacobs
    LAW OFFICE OF W. MICHAEL JACOBS
    10440 Little Patuxent Pkwy #300
    Columbia, MD 21044
    (tel) 410-740-5685 (fax) 410-740-4300


Similar Threads

  1. Michigan Minimum Wage Labor Law Poster
    By laborlaw in forum Michigan Labor Laws
    Replies: 6
    Last Post: 08-02-2007, 12:58 AM
  2. The big lie and the truth about Right-to-Work
    By futureoftheunion in forum Consumer Law and Fraud
    Replies: 4
    Last Post: 02-21-2006, 07:12 AM
  3. CA employer stopping benefit accrual during worker's comp
    By David Rogers in forum Workers Compensation Laws
    Replies: 0
    Last Post: 12-04-2005, 12:10 AM
  4. Georgia Workers Comp
    By tjniekamp in forum Workers Compensation Laws
    Replies: 1
    Last Post: 12-06-2004, 08:58 PM
  5. Workers' Compensation News - December 1, 2004 Volume 2 Issue 242
    By Jon L. Gelman in forum Registration and Title
    Replies: 0
    Last Post: 11-30-2004, 05:03 AM

Posting Permissions

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