Re: Apportionment in California

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1999 injury at 100% PD means that you would qualify for lifetime
weekly indemnity payments at the TTD rate (you don't say what your
average weekly wages are, but the TTD rate in 1999 is 2/3rd your
AWW up to a max of $490.00 per week in indemnity.

However, the AME apportioned 15% to non-industrial factors of
disability. Depending on when the AME report occurred it may or
may not be related to causation. The rules changed in April 2004.

85% PD equates to a total of $129,145.00 paid over a period of
561.5 weeks at $230.00 per week, and thereafter a life pension of
$96.63 per week applies.

You can get more information at www.workcompcentral.com, or
better, ask professionals at www.workcompforums.com (click on
Injured Workers).

On 3/20/06, Tired of 7 years of PAIN!!!!!!!!!!!!!!!!!! wrote:
> On 3/19/06, John wrote:
>> Please explain more in detail
>>
>> Thanks
>>
>> John
>>
>>
>>
>> On 3/18/06, Tired of 7 years of PAIN!!!!!!!!!!!!!!!!!!
>> wrote:
>>> I was rated 100&37;, but also apportionment of 15&37; for
>> a
>>> final rating of 85&37; by a AME. Does anyone know how bad
>>> this really is?
>>>
>>> PLEASE HELP
>
>
>
> I was injured 04/1999. I was diagnosed with Cauda Equina
> Syndrome, I�ve had several spinal fusion surgeries, that
> didn�t work. Now at this time I have a Spinal Cord Stimulator
> and a Interstim device implants, underwent right orchiectomy
> and now take testosterone injections, neurogenic erectile
> dysfunction, neurogenic bladder & bowel. I have an absence of
> a bulbocavernosus reflex and anal sphincter tone. I also
> suffer from depression w/ anxiety. I take Oxycontin 80 mg 4
> times, Norco 10/325 3 times, Flexeril 10 mg 3 times, Celebrex
> 200 mg 2 times, Neurontin 800 mg 5 times, Elavil 400 mg at bed
> time, Lexapro 40 mg in the morning, Lidoderm patch as needed,
> Testosterone 200 mg 2 times a month, Phisohex every day do to
> past Staff infections, Caverject 20 ug.
>
>
> I had a slip and fall in Las Vegas on 1/1/95, I only saw a
> Chiropractor for a few months and only took Ibuprofen for the
> pain, no settlement received from this fall. Now at the end of
> my work comp case and the AME I saw said I�m permanently and
> totally disabled. 100 &37; disabled, but do to my slip and fall
> he put me at 85 &37; from work injury and 15 &37; apportionment
from
> the slip and fall on 1/1/1995.
> I really don�t agree with this 15 &37; from the fall. It never
> stopped me from doing anything I wanted to do. I just don�t
> know how bad this is going to affect my comp case.
>
> Any help with this would be greatly appreciated.

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