Author brentmthompson

Author brentmthompson

State Disability

Tags: , , , , State Disability

California State Disability Insurance is a partial wage replacement insurance plan for California workers. Worker’s covered by SDI are covered for two benefits: Disability Insurance and Paid Family Leave. Worker’s who suffer a loss of wages when they are unable to work qualify for State Disability if qualified. You must be unable to do your regular or customary work for at least eight (8) consecutive days to collect State Disability.

To qualify you must be employed or actively looking for work at the time you become disabled. You must have lost wages. You must be under the care of a licensed physician or some weird alternative who certifies you for the State Disability benefits. During the year 2014 benefits have a minimum weekly payment
of $50.00 and a maximum of $1075.00 per week. Under State Disability, the disabled person may collect for up to 52 weeks generally. Contact the Employment Development Department at edd.ca.gov.

Persons injured at work can apply for State Disability as a backup for Temporary Total Disability through Worker’s Comp. You can’t collect both at the same time but you can always refuse State Disability if being paid TTD. Additionally, by applying for State Disability you will preserve you right to file in the future when your temporary disability from Worker’s Comp is exhausted.

Labor Code Section 4605

Tags: , , Labor Code No comments

Privately retained doctor’s reports and opinions are admissable in disability hearings but cannot be the sole basis for an award of compensation. In other words, the WCAB can consider these non MPN doctors opinions but cannot award compensation solely on their opinion. These opinions can be considered by MPN physicians or by QME doctors who have evaluated the applicant and who concur.

Synergistic Effect of Injury

Tags: , , Injuries, Medical Treatment No comments

In determining the degree of Permanent Disability the medical examiner may consider the synergistic effect of applicant’s injury, any surgeries, whether further surgery would be beneficial, the effects of pain medication and the conclusion of a vocational rehabilitation expert that the applicant is not feasible for vocational retraining and has no future earning capacity, and is thus, permanently totally disabled.