Legal Question in Workers Comp in California

Re: Temporary Disability Benefits

Even though you may have been declared permanent and stationary by a physician that the WCAB judge relied on in making a decision that your condition has reached the level of maximum improvement (no further treatment will improve the level of disability) and thus are permanent and stationary this does not mean that you will not later experience another period of temporary disability. All permanent and stationary means is that further treatment will not "improve" you further it does not mean that you do not need further treatment necessarily.

It also does not mean that you will not experience further periods of temporary disability. And as long as you did not close your matter via settlement then any further periods of temporary disability will be the liability of the carrier.

Also as to your previous injury if your disability level has increased due to the new injury then you should recover the difference between the previous disability rating and the now existing disability rating. Your medical report will let you know whether the increase in disability level you have now is wholly due to the new 99 injury or whether some of the increase is due to progression from the 97 injury. This is important as if some of the increase in disability is stated to be due to the old 97 injury and progression then you must file a petition to re-open the 97 injury. You are still within the 5 year period to do this but your statute is running close as it will expire in 2001. If the new disability level increase is determined by the medical doctor to be wholly attributable to the 99 injury then this is simply a new claim and a petition to re-open will have no application.

Hopefully, you have engaged the services of an attorney to assist you thus preserving and protecting your rights. If not, get one.

Good Luck!