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Permanent and stationary (P&S) is a term doctors use to say that your condition has reached the point that it is permanent and not likely to substantially improve or change within the next year, despite more treatment. The pain symptoms, loss of range of motion, and Activities of Daily Living (ADL) limitations you have are considered to be permanent and the doctor can then provide a disability rating (called Whole Person Impairment). This term is closely associated with the term maximum medical improvement (MMI). The legal effect of the doctor saying you have reached P&S or MMI status is that the insurance company can stop your temporary total disability or wage loss payments.
You can still receive medical treatment after your doctor indicates you are at permanent and stationary status. It is common for medical treatments to continue after P&S is reached but the reason for the treatment is no longer to try to cure you but just to keep you from getting worse, or keep your pain levels under control.
The P&S report is critical to your case because in this report, the doctor measures your permanent disability level for each injured body part or system (i.e. cardiovascular system). The more disabled the doctor says you are, the more compensation that is due to you. If the P&S report is from a doctor with a big business or insurance friendly bias, your disability will tend to be underreported and you will receive less money. If your doctor has a bias in favor of the individual, you will tend to get a fair settlement. Notice that a doctor who is biased in your favor only gets you a fair amount; not more than fair. There is no bias in workers’ compensation that ever creates a windfall for an injured worker.
The Workers’ Compensation Appeals Board (aka the WCAB) is the workers’ compensation court. This court hears only workers compensation or work injury cases. It has a trial court and an appellate level. Sometimes, you can appeal your case out of the workers’ compensation appeals board court and into the civil appeals court.
The WCAB is available to hear just about any issue you may have in your case before it is ready for settlement or trial. As an example, if the work comp insurance company is failing to pay wage loss or authorize medical care, a workers compensation attorney can request a court hearing date to bring the matter to the workers compensation judge. The workers compensation attorney can ask the judge for an Order forcing the work comp insurance company to pay benefits or authorize medical treatment.
Workers’ compensation is a type of insurance. The insurance is bought and paid 100% by employers for the benefit of the workers of that company. All employers must provide, by law, a policy of workers’ compensation insurance for their workers. It is illegal for an employer to ask or make an employee pay for workers compensation insurance. Workers Compensation is also a system of laws regarding the rights and responsibilities of the insurance company and the injured worker when a work injury occurs. As a system of laws, workers’ compensation is very complex and many areas of the law (the Labor Code) have been modified by judicial interpretation of the law. So reading the law alone is not enough. An attorney must stay current on all statutory law changes and modifications made by judicial interpretation which can happen at any time.
We represent the hard working men and woman of the State of California who are injured at work (any injury which requires more than simple first aid with no lost work time) who are requesting or want to request the insurance company to provide certain workers compensation benefits or authorize and pay for certain doctors.
Workers’ compensation insurance covers specific injury events, such as a slip and fall, and it also covers repetitive stress or repetitive motion injuries, such as carpal tunnel syndrome and degenerative disc disease, arthritis caused by wear and tear on a joint such as a knee, ankle, elbow, shoulder, spinal vertebrae and any other long term illnesses one can think of. If at least 1% of the cause of any symptoms in any body part are work related, work comp insurance pays for 100% of the treatment for those symptoms. If you have a symptom and you work, it is highly likely that symptom is caused in whole or in part by your work activities and you have a valid work comp claim for benefits.
All industries and sectors of any business type are covered by workers’ compensation laws. Any person who hires another person to work for them must buy a policy of workers’ comp insurance to cover that employee. Business owners and independent contractors would not be covered by a policy of workers’ compensation insurance since by definition they don’t “work for another”.
Every employer in the state of California is required by law to buy a policy of workers’ compensation insurance to cover their employees, no matter how few employees they have. If a company has only one employee, they must buy a policy of insurance to cover that employee.
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