What happens when the PTP says P&S, or when the PTP says MMI?
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- Опубликовано: 9 сен 2024
- This video reviews what typically happens once the primary treating physician (PTP) finds the injured worker is P&S. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Jeremy Lusk is a certified specialist in workers’ compensation with about two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com
Thanks for all the information your putting out there. You’ve helped me out throughout my journey! One question I have is regarding No Bending. It’s vague, but what if I’m bending over to pick up trash with a dust pan and broom? Or is it just bending over to pick something up from the floor.
It can be vague, and there's really no way to pin it down exactly. That type of restriction is fairly common, but it leaves employers and employees scratching their heads because a restriction such as "no repetitive bending and stooping" - does doing it twice an hour count as repetitive? Four times an hour? Six? What about leaning over to pick something off a low table. Is that stooping? What about a bottom shelf? Something on the ground, but very light? I suspect much of it boils down to what a reasonable person would interpret the restriction as. Often times in those situations a better option is to have the doctor review a job description or job analysis, and address whether the injured worker can do that job with or without restrictions.
@@myworkerscompguide Yeah my restrictions is No Bending over 5 times an hour. I have a physically demanding job and the treating doctor has a copy of my job description. But I guess I would have to go back and forth with the employer. Thanks again for the timely response. Can’t wait for the next Video!!
@@CheckItRalph Thanks. Best of luck to you.
When I read "bending" in someone's report, I generally assume they mean bending at the waist - forward flexion of the waist. When I see " bending with or at the knees," that's what most people know as "squatting."
i am not a laywer not am i giving legal advice. this is my experience. i had my first ptp say I was mmi P&S and I knew I wasn't. i immediately let the insurance person know it was bs and wanted a new dr. at that point that MMI report wasn't fully written and my request removed the MMI and i kept my benefits and still going on. just information. listen to this guy and your lawyer. they will tell you right. this is just my experience
Yeah, I see crazy things from some of the PTP's that insurance companies pick for the starting doctor. I've seen a release from care to full duties with no need for future medical care at the very first visit just hours after a car accident when the patient is complaining of neck, back, and wrist pain. Crazy.
@@myworkerscompguide holy cow. I hope they get fired
@@michaelarmstrong9512 It creates headaches, but we change treating doctors and keep pushing on.
@@myworkerscompguide Right and "hours after an MVA" won't elicit symptoms in many people. S/s can take up to 24 hours to appear in some cases. Like they're in their accident, they feel fine, they keep working, or they drive home or whatever, but the next morning, they're in pain.
I have a ? When dose the retraining voucher come into play ones when settlement or once everything is over ? And who sends this ?
Generally the supplemental job displacement benefit voucher is issued when the judge issues the Award or Order at the end. The adjuster for the insurance company sends it out.
Does p&s give me more settlement negotions leverage?
P&S status doesn't really give more leverage, but it does generally make settlement easier. If there is a ratable report that addresses whole person impairment, apportionment, and anticipated future medical care, at least the parties have a starting point for negotiations.