Do my PD ratings for different body parts get added together?

This video discusses how PD ratings for different body parts for the same injury get combined using the Combined Values Chart. They do not get added together except in very unique cases. 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.
The CVC is available here www.dir.ca.gov...
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 [e-mail]

[@edwardkareem6446]

So I've been waiting for this video thank you so much I'm waiting on my Qme report I do have two body parts one from my lower back and the other for my GI stomach all I care about is being paid out for future medical how does that work I just had a lumber laminectomy about 2 years ago and I still have two herniated discs that affect me an everyday life will they pay me out for future medical thank you so much

[@myworkerscompguide]

To get paid out for future medical with a lump sum would mean settling by way of a Compromise and Release instead of with Stipulations with Request for Award. With a typical C&R a lump sum payment is made and the insurance company closes its file, and the injured worker is responsible for paying for future medical care. I've done a few videos on C&R issues, but this one may answer your questions - ruclips.net/video/gxsPrAJK4Cg/видео.html

[@simorebuths7301]

Thanks for the video. Can you explain what kite is? Thank you so much.

[@myworkerscompguide]

In easy to understand language - the general rule is that PD ratings for different body parts get combined rather than added together. However, a court case (Kite) said that in the proper case, and if supported by the proper analysis from the doctor, the ratings can be added together. That was because the doctor was able to provide analysis that the synergist effect of the disabilities was more significant than the combined values chart would provide, and that the ratings should be added together to provide the most accurate rating for the injured worker. It's not seen often.

[@simorebuths7301]

@@myworkerscompguide than you so much for explaining it to me thank you sir.

[@myworkerscompguide]

@@simorebuths7301 Happy to help inform.

[@inertmission4427]

Have you given anymore thought to explaining CA Labor code 5100-5106? Currently discussing a possible settlement with the insurance company and trying to learn if the WCAB does have the right to alter a C&R after the injured party and insurance company reach an agrreement.

[@myworkerscompguide]

I need to do a video on that. But a judge cannot alter settlement documents that have been submitted unless all parties agree to the change. Conceivably if the judge had all the parties on the phone, and all parties agreed to a higher settlement amount, the judge could write that new amount on the documents and note who/when/where agreed. But even that is rare because the judge will want the parties to write the change, and to note that the documents are now a (for example) "First Amended C&R," and to have the parties initial or sign the change. And a judge cannot just change terms or add language because the judge feels it is needed. From the WCAB Policy & Procedure Manual, "A WCJ may refuse to approve a compromise and release agreement unless it is amended in a manner suggested by the WCJ; however, the WCJ cannot rewrite the agreement without the parties' consent. (See Burbank Studios v. WCAB (Yount) (1982) 47 Cal. Comp. Cases 832, at 836.)"

[@inertmission4427]

@@myworkerscompguide Thank you for your reply. My confusion comes from CA Labor code 5101 - The WCAB may recalculate the lump sum to include (lesson) Net Present Value (NPV) or Present Worth of 3% per (future) year; and CA Labor code 5102 - The WCAB may order the lump sum be paid directly to the employee OR placed in a Trust OR the State Compensation Insurance Fund, to be managed by a Trustee. I don't doubt I'm misunderstanding these codes, and will be looking forward to your future videos and expertise. Thank you.

[@myworkerscompguide]

@@inertmission4427 Those statutes don't apply to settlements. They apply to commutations. That's the "lump sum" that the statutes talk about - a commutation. That would generally take place either after a Findings and Award issues, or after Stipulations with Request for Award is approved, and the injured worker files a Petition for Commutation. A commutation often does take the present cash value into effect.

[@inertmission4427]

@@myworkerscompguide Thank you!

[@myworkerscompguide]

@@inertmission4427 It's a very confusing system. I'm happy to help inform.

[@jaliscomx328]

Is the insurance company required or obligated to pay for expenses like babysitter if one has to pay for one in order to attend appointments?

[@myworkerscompguide]

I don't know that I've run across that question before. My gut says that for treatment the answer would likely be 'no.' For a QME, the answer might be 'maybe' but I think I'd still lean towards 'no.' But I'd have to research it to see.

[@jaliscomx328]

@@myworkerscompguide ok thank you

[@myworkerscompguide]

@@jaliscomx328 Best of luck to you.