Permanent Disability Payments
Recover financially from life-altering injuries...
Permanent disability payments are awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Permanent disability payments are awarded independently of temporary disability and medical treatment. Monetary amounts vary on a case by case basis.
When a doctor determines an injury or illness has caused permanent disability, an impairment number is assigned based on the doctor's medical report. This assigned number is a base for permanent disability benefits. If the permanent disability was caused or exacerbated by something other than the injury suffered at work, a process known as apportionment will determine the work injury's role in the disability.
Next, the impairment number is placed in a complex formula along with the apportionment value and other demographic information. The result of the formula is considered the disability rating. Finally, the disability rating is converted in to a dollar amount. This end dollar amount may fluctuate higher or lower under certain circumstances.
Permanent disability payments begin within 14 days of temporary disability payments ceasing. The permanent disability payments, paid biweekly, continue until a reasonable estimate of the full amount is paid. When the actual permanent disability amount is determined, any amount over the original reasonable estimate must be paid. If the disability did not prevent absence from work, permanent disability payments are due from the date the doctor classifies the work injury as "permanent and stationary". Permanent and stationary is a term used when the injury has stabilized and will not improve further and is also known as maximal medical improvement.
Recently, a Perona, Langer, Beck, Serbin and Mendoza attorney successfully argued before the State of California Reconsideration Unit that injured workers do not have to treat within the insurance company's Medical Provider Network (Chavez v. Brinks Inc.). Injured workers are now free to treat and be examined by the physician of their choosing.
This Workers Compensation Appeals Board Reconsideration Unit's decision will affect the livelihoods of permanently disabled workers who are unable to continue working. These disabled workers no longer have to rely on unfair permanent disability ratings from doctors loyal to the insurance companies. Injured workers who can no longer work are now able to see a fair and objective physician who can accurately describe injury levels without the undue pressure from the insurance companies.
Do you have unanswered questions? Please call Perona, Langer, Beck, Serbin and Mendoza at
(800) 435-7542 or send us an email using our contact form. We'll answer any questions you may have.
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