My dr released me with restrictions as Permanent and stationary

Asked almost 4 years ago - Los Angeles, CA

After 26 months in Workmens comp. paid 104 weeks and after that disability payments my Dr says I reach a permanent and stationary stage he released me back to work with restrictions even tough I don't feel good having pain due to a back injury QME who was an Orthopedic MD gave an opinion that I was still disabled and was going to reach PMI 5 months after surgery (for my back) however the insurance has not approved the surgery and they sent me a letter saying that they overpaid me over$20,000 because the QME said that I was permanent and stationary I have a copy of that report and that is not what the QME says in his report, what happens after a person reaches a permanent and stationary stage , how long will the case take to settle? or goes to trial.

Additional information

the QME that I saw it was chosen from a list of three that I was mailed I guess from the WC board?

Attorney answers (3)

  1. David Norman Rockwell

    Pro

    Contributor Level 6

    3

    Best Answer
    chosen by asker

    Answered . Because the QME's report says that you are not permanent and stationary, and the insurance says it overpaid you, I think you will need a workers' comp attorney to help. You may not be entitled to any additional temporary disability, however, as you have used up the 104 weeks. Your case can't settle until the QME actually finds you permanent and stationary and gives you a permanent disability rating. However, since you have been out of work so long, you may also use a recent case, Ogilvie, to help prove you have more disability. Another recent case, Almaraz/Guzman, is also useful in getting a rating that accurately reflects your disability, but your QME must be asked about this case.

  2. Brett A. Borah

    Contributor Level 20

    Answered . This sounds like a complicated case of P&S or not P&S, getting authorization for treatment, TTD due or overpaid and level of permanent disability. This is probably going to take an attorney to sort out. There are plenty of excellent w.c. attorneys in L.A. Find a good one here at5 www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral. Good luck.

  3. Michael J. Helfand

    Contributor Level 16

    Answered . You definitely have some issues to clear up before you settle your claim, such as your disability status and whether you were overpaid. I'd suggest getting a work injury attorney if you haven't done so already. The other people involved in your claim aren't looking out for your best interest - it's not their job. An attorney on the other hand will do everything they can to make sure you are fully compensated. I'm licensed in IL but I can recommend a colleague in CA if you'd like a referral. Find an attorney who focuses their practice on helping injured workers and who has a track record of success. You can reach me at 1-800-807-9530. Good luck.

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