Q: A workman's comp doctor just MMI me based on an 18 percentage with stipulations of no bending lifting more than 10 lbs
Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go back and do my trade how can they drop me off of temporary disability. Went from $1,180 a week to 290 I can't survive on that
A: you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15% attorney fees by acting as your own attorney usually only results in you obtaining less money than you would have got even after paying 15% to an experienced workers compensation attorney.
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A:
1. APPLY FOR UNEMPLOYMENT INSURANCE IMMEDIATELY. You were Unemployed the day after the QME found you were at Maximum Medical Improvement. When the QME wrote permanent work restrictions the employer cannot accommodate, you became Unemployed. You need to set up an account at www.edd.ca.gov .
2. You are not supposed to survive on $290/week. That is only to 'support' you in your new job while you master a new set of skills. If you've been doing this 30 years you are in your 50s, so it may take school to get new skills. Write for the SUPPLEMENT JOB DISPLACEMENT VOUCHER. It's a Voucher payable only to a school for $6,000. Find a school that teachers something that doesn't involve lifting more than 10 lbs like copier/fax machine repair or insurance coding or graphic arts. ALSO: THE STATE will send you $5,000 cash when you tell the State that Voucher number. You can use the cash to go to school or just to survive while you apply for other jobs.
If you have to change positions every 20 minutes, 18% sounds ways to low. Getting a good workers comp attorney might get that doubled if they take the doctor's deposition about the true measure of your permanent disability.!
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A:
If another doctor places you on disability you can apply for State Disability EDD. You should not reply on company doctor’s opinion since he works for the insurance company. You should get a neutral doctor’s opinion. You should have a lawyer to help you select the neutral doctor.
Also you are entitled to vouchers to get trained for a new job. The State of California would give you an extra $5000 to buy your books, computer etc for the classes.
You can contact anyone of us on Justia for a free consultation ASAP.
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