Legal Question in Workers Comp in California

Re: Lost income

I can not fully answer your questions.

1) A WC insurance carrier can not obtain a PD rating and impose it without your agreement. They can use the rating to determine what is a reasonable level to advance you PD payments [they are required to start making PD advances once you are permanent and stationary or have gone back to work] but they have no power to impose anything. You can get your own medical report and have it rated; if there is no agreement as to the degree of disability, you file a formal application for adjudiation [actaully easy to fill out].

2) In order for them to take credit for the prior disability it must involve the same type of disability [restriction on amount of weight can lift] and they must get approval from the WCAB. That it was for the same employer does not matter. They can petition the Board for a reduction in your prior rating, but it is difficult for the employer to win such cases.

3) You do not state what your job duties at Costco are, but if you were able to continue working there with a 12% PD why can you not work there with the lower 8% restrictions? They are saying that either the first rating was higher than it should have been [but they are stuck with that unless they appeal], you fully or at least partially recovered from the first injury [petition to reduce PD must be filed and won] partially recovered from your initial disability, the second injury some how made the first injury physically better, etc.

4) The lower rating basically means that you should be able to return to your former job duties. They are ;not allow to discriminate against you because of a WC injury; had the injury not occurred, you would be working at your old job, so they should return you to work and to the same job when the first slot opens up. If they say you can not work, then you can ask for vocational rehabilitation, and you are paid at the temporary disability rate while you under go the process.

5)Your position should be that had it not been for the accident yo would be working now so they either must find a job within your work restrictions or continue paying you your normal salary.

6) You clearly are going to need someone with a good knowledge of the law and who is aggressive enough to push on your case to represent you. You need to hire a local WC employee attorney.