Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

8 months on WC case...... California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 8 months on WC case...... California



    I have been on restricted duty for sometime now with an injury sustained at work. My employer has been really good with my restrictions including the permenent ones. They are however, at the point of "How much longer can this go on?" There isn't any light duty working conditions and we have just been trying things as the days go on. The days of that are coming to an end. I am waiting for a FCE (functinal compacity evaluation) to be scheduled. I personally, don't think that I will be able to perform enough of the duties for them to keep me. I want too, I love my job. I just keep going and doing what I can and trying more everyday. My injury is paining again though and that doesn't make me all to confident. If the FCE proves that I am not able to return to all duties and the company has to let me go, what happens then? Do they have to pay a settelment? Will I be placed on Disability? What? I have never done this before and I feel like I am walking blind. I would really appreciate any and all advice! Thanks!
    Last edited by nowineedhelp; 01-06-2010, 01:38 PM.

  • #2
    There are any number of possible outcomes so it is very hard to advise you without even knowing if you will be able to return or if there are permanent restrictions or what those might be.

    Light duty is never required so yes, your employer could discontinue it if need be. If you are still healing you would receive TTD. If you are at maximum medical improvement, what happens next varies tremendously. A lawyer might be a good idea if you are facing such a complex claim.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      It would help answer many of your concerns/question by familiarizing yourself with the information in the Fact Sheets for Injured Workers here http://www.dir.ca.gov/dwc/InjuredWorker.htm
      Do they have to pay a settelment? Will I be placed on Disability? What?
      It's difficult to tell what your situation is by the limited information you provide.
      Once you complete the treatment plan as devised by your PTP/treating phy., and reach a stable condition, MMI/max med improvement, your condition will be rated for PD/WPI...Permenant Disability/Whole Person Impairment.
      Awards or settlements are based on that rating. A pre-determined number of weeks of payments to satisfy the indemnity due to your permenant partial disability as a result of your injury.
      The FCE is not going to ''prove'' anything, FCE is simply a tool.
      FCE are not mandatory in Calif WC. Many times a PTP will request these to determine the capabilities of an IW, and use the results to determine permenant restrictions, and for rating help. Ratings are done however per the AMA 5th edition to rating disability, and the PDRS/Permenant Disability Rating Schedule, as adopted by the DIR Adm Director.

      Lump sum settlements are not mandatory. The default settlement in WC is weekly indemnity based on the rating, and open medical. All medical after MMI is as before, subject to prior authorization, and the UR process.
      My injury is paining again though and that doesn't make me all to confident.
      You did not say what type of injury you have suffered, or what treatment has been offered (?). So can't offer much there.

      "Pain" is not disability. Nor would you be restricted due to pain. Once MMI it is expected that you will return to work, whether that is pre injury job, or ER is not relative. Functional restoration, and gainful employment is.
      If it is determined, medically...that you cannot return to your prior job duties, and your ER cannot make a reasonable accommodation as required under AB2222, you could be eligible for a SJDV/Supplemental Job Displacement Voucher. There is no VR/Vocational Rehab in Calif. Info on the voucher is available in the fact sheets/link above.
      They are however, at the point of "How much longer can this go on?" There isn't any light duty working conditions and we have just been trying things as the days go on. The days of that are coming to an end.
      It's not really that simple. There are requirements/rules of the ER once you are determined MMI.
      The Return to Work and Supplemental Job Displacement Benefit regulations are promulgated by the DWC administrative director pursuant to Labor Code sections 4658.1; 4658.5 and 4658.6 and can be found in sections 10116 – 10116.9 (Retraining and Return to Work—Definitions and General Provisions) Article 6; 10117 – 10120 (Return to Work) Article 6.5; and 10133.51 – 10133.60 (Supplemental Job Displacement Benefit) Article 7.5, Title 8, California Code of Regulations. The regulations are used to assist injured employees and their employers in understanding their rights related to return to work and the SJDB voucher.
      As you can see above, there are a lot of codes/rules etc that govern your ER's responsibility on your return to work. ER's are no longer permitted to say you cannot RTW unless you are 100% ''cured'' or with out restrictions at all.
      Information on the requirements under AB2222 is here http://www.rjop.com/publish29.html#1a
      ADA/FEHA info here http://www.rjop.com/PDF/Accommodatio...iveProcess.pdf

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X