Legal Question in Workers Comp in California

Been on workers comp for 2 years, anniversary was June 2nd..was getting paid $1,251.58 by weekly and now I am getting $460.00 by weekly. Have been to the medical examiner independent once and asked to see him again in September 2013. He evaluated that I needed to see a psychiatrist and other medical evaluations. Is it legal that they can lower pay payments with out notifying me and with no medical evaluation to back it up on how they determing the amount giving to me now. This case in California. Can you help me.

Thank you,

Mario

Asked on 6/11/13, 8:35 am

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2 Answers from Attorneys

Nancy Wallace Nancy Wallace
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YES THIS IS PROPER. This is the law Gov. Schwarzenegger said 'fixed' workers comp.

You get Temporary Disability payments for only two years (statute says 104 weeks). Unless you're a burn victim or artificial joint surgery patient.

The $230/ week you are getting is YOUR money from YOUR final recovery/settlement. AND THIS will end when the insurance adjuster pays out what she estimates is 80% of the final permanent disability anticipated in the reports. SO EXPECT THE $460 biweekly to end in a month or two.

If it is possible to get a sooner appointment than September you would be wise to do so. Even when the physician sees you in September, the parties wait until October for the report... if anybody objects, then a deposition of the reporting doctor is scheduled or another report from another doctor is scheduled.

IF AT ALL POSSIBLE you should think of getting a job you can perform. IF you get a new job and have an income, the delays and payment cut-offs won't be devastating.

IF YOU APPLY for federal social security disability, you pay a big chunk of your settlement to Medicare when you attempt to settle out your future medical rights and that runs at least 9 months (often longer).

AND federal social security disability applications frequently take two years.

I'm troubled you are writing from zip code 27332, which means you relocated out of California in the middle of your claim.

If you don't have a certified specialist attorney yet, you'll need one right away. If I were the adjuster and you were out-of-state with no job and no income, I'd offer you 10 cents on the dollar because I know you'd likely grab at anything, and I'd insist you sign documents swearing and promising you won't apply for social security disability for 30 months.

I think you're way, way over your head doing this without counsel now.

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6/11/13, 11:40 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN
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You are receiving permanent disability advances (PDA) at the rate of $230/month. Why don't you settle your case instead of waiting. If you need help feel free to call me at 213.388.7070 for a free consultation.

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6/11/13, 3:35 pm

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