Legal Question in Workers Comp in California

The WCAB has a table that shows the number of weeks for each percentage level, which you multiple by the weekly PD dollar rate. You probably can find it on line.

Based upon the restrilctions you list, your rating should be substantially higher than 4%. No lifting over 10# is a no heavy lifting restriction which, if memorty serves me correctly, is by itself a 10% PD level. The WCAB has a table listing the value of work restrictions. You need to try to speak with the rating specialist as to why it is not rated higher [you might need the Dr. to write a clarifying report]. When I used to do WC full time the rater would occasionally make such mistakes.

If he/she will not re-rate your disability higher, you will need to file a formal Application for Adjudication, ask for a hearing to cross-examine the rating specialist, and then have someone knowledgeable question the rater. The WC Board normally awards a 9-12% of the total PD benefits award as an attorney's fee, but you might be able to get some experienced attorney to agree to charge on an hourly rate; it would take about 1 hour to review your file, 30 minutes for the rater cross-examination, 30 minutes for the hearing on the rating -- or about 2-3 hours total plus travel and wait time [most attorneys charge at a reduced rate for that]. The WCAB discourages attorneys charging at an hourly rate but I do not see that it woukld be improper, unethical, etc. for you to hae an agreement with the attorney that he/she would take no more than $x or whatever the WCAB awards, which ever is less.

If you can not find a local attorney to do it, I would be willing to write a letter to the comp. carrier to try to get them to agree to a higher rating and do whatever additional work is required [but remember I am in Union City, between Hayward and Fremont, so my travel time [although billed at a sharp discount] would be greater.

[not proof read]