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What does stationary permenant disability mean?

Sacramento, CA |

what does stationary permenant disability mean? can you get denied state disability if workers comp doctors declares you stationary permanent disability? Im not receiving workers comp compesation nor state disability because i was denied for workers compesnation because i am a seasonal worker, workers comp told me to apply for state disability i did but state disability only paid me for 2 1/2 months but my injury happened 8 months ago how can i fight this and what can i do?????

Attorney Answers 4

  1. You have a lot of questions and issues in there and I don't think I can answer all of them here. Permanent and stationary means your medical condition is permanent (it's not going to go away) and it's stationary (it's not going to change much in the future). Basically, it is what it is and what it's going to be. It does not mean that you're completely and totally disabled for life. It does not mean that you're completely and totally cured either. it just means that you are what you are.

    You don't indicate why you were denied workers' comp. you may want to get a FREE consult with a good WC attorney. Some of the best are in Sacramento. Find a good one by using the "Find a Lawyer" tab at the top of this page or by going to CAAA is the association for attorneys here in CA who represent injured workers.

  2. Hello, if you case is denied, you really should get a free legal consult as getting around that will take some effort best directed by a Specialist.
    Note, EDD/SDI will if you are disabled and you have an account, but they will assert a lien against you comp claim that will need to be dealt with and some of that settlement may come from your portion of the award if you are not careful. Good luck.

  3. I think you are asking if you can be denied state disability (EDD) benefits once you reach maximum medical improvement. There are different standards for temporary disaiblity, through workers compensation and state disability. once you reach maximum medical improvement, you are no longer entitled to temporary disability. State disability will pay you if you can not perform your usual and customary occupation. So you an get State disability after you are permanent and stationary. Now, the next question has to do with seasonal work. You do not collect temporary disability during the off season if you are a seasonal worker and normally do not work in the off season, however as for state disability, you will need to check with the EDD office.

    Obviously, your issues are complicated. You are in Sacramento where there are a number of good workers compensation attorneys. I recommend that you meet with one for a consultation to go over your numerous issues.

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO answer or any messages or emails from Silberman and Lam, LLP. Attorney/client relationship will begin only when a retainer has been signed.

  4. First some definitions. There is something called "permanent and stationary (P&S)" (also known as "maximum medical improvement (MMI)") and something called permanent disability (PD). As was mentioned by others, P&S/MMI is when the health care professionals treating you can do nothing more for you in the short term to improve your condition AND your condition is stable to where you're not experiencing huge ups and downs due to your work-related injury.

    "Permanent disability" (or PD as it is oftentimes referred to) is an unfortunate term of art in work comp. The only thing that is "permanent" is the disability that you suffered. It is also often referred to as your PD award--typically a small amount of money and once it's gone, there is no more money left from WC. Should your injury get worse, it is possible within 5 years of your original injury date to request an increase in PD, but how that is done and exactly what the time requirements are would best be handled by an attorney.

    So now you have a point of reference between P&S/MMI and PD. I believe you mixed both of these terms together--a very usual occurrence for injured workers.

    Another term in work comp is something called temporary disability (TD). TD is a wage loss replacement benefit payable at 2/3's of your average weekly earnings (with minimum and maximum caps). TD is paid until you hit 2 years worth of TD or until it is determined that you reached the point of P&S/MMI--whichever comes first. Your issue here is that you are a seasonal worker. As such, you work only certain times of the year and at other times, you are not getting paid by that employer. Typically, seasonal workers will collect unemployment when they are "off season".

    So, if that is your only employment work comp insurance carriers do not have to pay TD when you hit your off season because, since TD is a wage loss replacement benefit, you would not be getting any wages during your off season. There was a point in time when this was not the case, but it is now and has been for many, many years. Maybe one day it will change again.

    As for state disability insurance (SDI), that is an interesting question as well. SDI is not part of the WC system so they function under their own rules and their policies can change at any time. To my knowledge, SDI will also not provide benefits for seasonal workers when they are off season. To make matters worse, you can't quite apply for unemployment directly because doing so says that you are physically able to work but you just don't have a job. You might want to call the SDI office and ask them if you can apply for unemployment if you are looking for a job within your restrictions.

    As for your WC claim, if you have been denied, you should seek an attorney whose practice includes work comp. A denied claim is something that an attorney would need to review with you to see all the facts and to assist you with pursuing your claim.

    I know this is a lot of information, but this is the over simplified explanation(!!). Work comp is full of many twists and turns which can frustrate and harm injured workers Use my general explanation as a stepping off point in starting a discussion with an attorney who can help you. You might want to refer to the California Applicants' Attorneys Association (CAAA) for an attorney near you who practices work comp law.

    Best of luck and regards,
    -Rob Bicego

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