If my doctor says permanent disability does it mean I get lifetime checks? That I can't work again?

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This video reviews what permanent disability typically means in California's workers' comp system. Hint - it's almost always permanent partial disability, and not total disability. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

Jeremy Lusk is a certified specialist in workers’ compensation with about two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

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Worker’s Comp is not for the benefit of the worker. It benefits the employer by paying as little for the least amount of time possible. It’s an insurance policy taken out and paid for by the employer. It’s my understanding that if you opt to take Worker’s Comp., you cannot sue your employer for damages due to an injury you receive at work because, they in good faith, are giving you the benefit of using their insurance. Please correct me if I’m wrong.

CeruleanSky
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Thank you for all your videos. They are very informative.

jackcsaffell
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Thanks for the vids...very informative...question. ..3 ratings for 3 separate injuries not related and different body parts and specialty. DEU provided advisory rating for pro se applicant. 4%(claim accepted)...68%(claim accepted)....42%(QME found cause industrial claim NOT accepted). apportionment not an issue for this question...do combine using "straight math" or "combined value"? ..i think straight math...4+68+42...carrier talking C&R..MSA approved by CM...i am talking PTD...and life pension..thank you for your comments....

Classifiedreality
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Can a Lawyer ask for more benefits due to a catastrophic injury and or due to time required to get back to finding a job that pays the same amount or near? EG bad knees, and limited use of limb.

kindredmalise
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I had a right knee injury at work while operating a skid steer, a piece of concrete about 15 pounds fell right on my knee giving me lateral meniscus tear it’s been 2 years since it happened haven’t worked since my lawyer called me asking if I want to take compromise & release (she’s requesting 50k from insurance) or keep my medical and get 15k in permanent disability payments I took the compromise route since I do feel a lot better and the pain has gone away and can walk as normal how long will i receive permanent disability checks until they give me a lump sum offer ?

migueldelacruz
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What if doctor places restrictions on future work? 6 hours per day only which he equates to 25% loss in functionality with 2% WPI? Wrist injury.

ukhalid
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I have a quick question I'm 35% permanent disabled I do have permanent work restrictions like no lifting more than 35 lb or bending or climbing or stooping what happens after I get my award and I cannot find a job that will accommodate me with work restrictions does EDD pay me 35% or if I get a job that I can only do part-time 4 hours a day does EDD pay for the rest this is a very scary situation my case and December

edwardkareem
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I got a rating of 16 percent on my back what does that mean ? They offer me money to leave should I stay or leave

xsdkx
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I have a court date with work comp judge on my partial disability from a total knee replacement. What kind of questions can I expect to be asked at this hearing. I’m here in California

mytube
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What if you have bi lateral spinal stenosis in lower back and neck from walking with a limp due to knee injury at work that caused limping for 3 years/ plus after failed arthroscopic surgery on left knee now both knees, over compensation on right knee, plus hurt left ankle also on day of injuries I landed on right buttocks and back on concrete right leg is constantly numb had nerve conduction, Neurologist Dr said due to sever radiculopathy less than sedentary . Filed for SSDI, had facet and epidural in lower back didn't work back surgeon said they need to fix your gait first. Back surgeon Didn't think bulging disc in back enough to perform surgery on lower back. 2018 case still waiting on trial had to get a second lawyer all he wanted to do was settle early close case.Workers comp denied all new injuries, still haven't received payment It's a nightmare 💀 smh!!! For old injuries or new!!!

JamesTucker-zs
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In the situation that you have a bad injury, and the Qme doctor says you can not work in labour market, and the doctor maintains their decission even after being deposed, that means a total disability? Who and what law regulates the individual capacity to participate in the open labour market? Does vocational experts rule on that or there is a federal or state law that has specific conditions which prevent a person to be in the open labour market?how does a qme doctor reaches the conclusion of ( unable to participate in the open labour market)?

avarora
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in your experience i know you are not a doctor but what do you think about the rating, i got injured building scaffold 10+ yrs i delevop, spondylolisthesis, scoliosis and spondyarthritis .
my case still in adjudication waiting for an answeer its so slow.

edwinortiz
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I got a call from
Workers comp, they said the dr put me as permanent disability, and they said the dr valued it at 14k and that I need to sign forms and they will send me 14k in a check, I'm just very confused . It's due to a back injury I got at work, I just want more details and want to understand it more

franciscorubalcaba
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I received a 53% disability from DEU, should that be a 6 figure plus settlement?

walthouston
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I got a cortical contusion of the brain with hemorrhage. Didnt need surgery tho.

My question is, is that a catastrophic injury since it is blunt force trauma and a TBI?

kingoftrolls
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Disability said I can’t work on it. I got it but can’t work at all. So is there anything I could do. I have a disease called superficial Siderosis. Bleeding on the brain. Didn’t know that at the time I was approved. I also had a stroke the morning I had to go to disability office to get my checks started. Do u know why I can’t work at all? I’ll lose it. My speech is still horrible and I walk as if I’m drunk. I don’t know if there is a job for me out here. But do you know how I can find out if I’m 100% disabled? I called disability office and the lady acted as if she had no idea what I was talking about. So is that a veterans disability thing only? I hear ppl talking percentages like my brother who was in the Air Force. I don’t understand

ajm