Legal Question in Workers Comp in California

3. WC does little to compensate for loss of future earnings capacity. The amount of permanent disability that is paid is based upon the reduction in your ability to do full work [no heavy lifting, etc.] modified slightly upward for your 5 years above the 39 year old mid-point and modifed more by your occupation. Perhaps you can get some vocational rehab training.

2. I do not think you need to be 100% disabled to get a disability retirement; 100% disability means you can not do anything. There are very few people who are that limited.

1. I doubt there are any rules as to this. Ask the teacher's union. But if your principal is willing to let you return to limited duty and you feel you have improved enough that you can try it, then make the effort. Perhaps you can find someone who is teaching but wants to do it only part time.

1) If your physician says you can return to work, AND your employer offers such a position, then you can try it out. However, you will probably require a job analysis, which I doubt has been done.

2) Because you are part of a union, you need to look at your collective bargaining agreements regarding a disability retirement, or possibly social security. However, a 100% permanent disability, or TTD for life, requires that you cannot successfully compete in the labor market, a difficult position in your case I think.

3) Workers' compensation will not compensate you for the loss of your career. It was never meant to unless you suffer complete loss of earnings capacity.

4) If another entity is responsible for maintaining the side walk where you worked, for example the city, you may have some third party rights in tort. Beware of any statute of limitations.