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Just Got a Check...
From the WC company.
They approved surgery (ACDF C5/6) last year, and I've now been declared permanent and stationary. The QME says perm partial disability of 25%. The WC company wrote out a check for me of 16% of my salary (2001 rates, when injury occurred) from my return date to work (Feb 4, 2009) to Dec. 24, 2009. If I deposit this, does this mean I'm accepting this as payment in full? I know my attorney has declared we're ready to proceed to court, and I'm afraid this is a slimy way of torpedoing my case in court. However, I have some vague recollection of exploring this in 2001 when I got a check then, and being told it was OK to deposit, as payments at the minimum amount are not legally binding.... Their letter says that my "permanent disability benefits are ending because a reasonable estimate has been advanced." Reasonable estimate of WHAT? If I am PERMANENTLY and partially disabled at 25%, does this mean they pay me a partial paycheck every month until I retire? I'm 44... Sandi, who has another call in to the attorney.... |
Permanent partial disability means that you are not totally disabled. It means your flexibility, strength and range-of-motion have been reduced 25% by your injury and surgery. No, I doubt it means a check every month until you retire. In fact, it seems that they have estimated that you have already been paid the amount of disability that your claim will settle for. It appears that you should not be expecting any more payments by their estimation, unless in court your 25% rating is found to be too low. By "advanced" I believe they mean payments they have made before being ordered to by court or legal proceedings. PPD usually begins at the date you are found fixed and stable, which I assume is the Feb 09 date, and is usually based on either a schedule of benefits or on your TTD rate. But your attorney will be able to explain it better.
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