Legal Question in Workers Comp in California

Go to dir.ca.gov for the Department of Industrial Relations [they run the Workers' Comp. program] for more information on your rights. I have attached some sections from their web site:

Retraining & return to work basics

California employers are required to make every effort to retain and rehire workers injured on or after Jan. 1, 2004, whenever possible. When an employer, employing 50 or more, offers an injured worker regular work, modified work or alternative work within 60 days of the employee�s condition becoming permanent and stationary, each remaining payment of permanent disability may be decreased by 15 percent. This is true whether or not the employee accepts or rejects the offer of work; provided the offer of work lasts 12 months, offers wages and compensation within 85 percent of those paid at the time of injury, is within a reasonable commuting distance of the employee�s time of injury residence and has duties within the employee�s ability to perform. The Retraining and Return to Work Unit encourages this early and sustained return to work. To that end, the unit staff provides training and develops educational materials and guides for employers, health care providers, employees, attorneys and labor unions. These training materials include early return to work, assessment of functional abilities and limitations, development of appropriate work restrictions, worksite modifications and use of assistive equipment; and are designed to assist employers in the prevention and accommodation of injuries.

Frequently asked questions (FAQs) about return to work

Step by step demonstration of return to modified or alternative work

Step by step demonstration of return to regular work

Supplemental job displacement benefit

Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for the supplemental job displacement benefit (SJDB). The benefit comes in the form of a non-transferable voucher that can be used to pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools. The voucher covers school tuition, fees, books and expenses required by the school for training. No more than 10 percent of the value of the voucher can be used for vocational & return to work counseling. Any disputes which arise regarding entitlement, issuance and usage of the voucher are handled by the administrative director�s designees at the Retraining and Return to Work Unit.

Frequently asked questions (FAQs) about the supplemental job displacement benefit

Step by step demonstration of dispute resolution process

Step by step demonstration of supplemental job displacement benefit voucher

Vocational return to work counselors (VRTWC) list

Procedure for application for appointment as a vocational return to work counselor

For PD % less than 15% the voucher is $4,000. The next highest level is $6,000.

A 2% PD rating is supposed to mean that you are excluded from only 2% of the possible jobs in society. It is almost as close to no disability at all as you can get. A minor scar on your face, unless you are a model or actress, would rate about at your PD level. It would be extremely unlikely that with that low of a rating you could not physically return to your former job, as thus not be qualified for the supplemental benefits including the voucher.

Without knowing what your adjusted PD percentage and wage rate are, no one can say what is a reasonable settlement. Without seeing the medical reports no attorney can tell you whether you should have a higher rating [for example, your rating might be based upon an injury that has only minor effect on your lifting ability, but has a constant pain do the pain rating would be higher then the reduction in lifting capacity.

The WCAB does have some employees to help unrepresented injured workers.

It is very important who diagnosed you with only 2%. My guess is that you have been treated by an insurance company's doctor who would not order diagnostic or other type of testing to determine the true extent of your injuries. 2% rating almost means no permanent disability and 100% or full recovery. Please note that most insurance company's doctors are very biased toward insurance companies. Feel free to call us at 213.388.7070 for a free consultation.