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How partial disability works in workers compensation claims

Although a San Diego worker who gets hurt on the usually wants to get better and return to work as quickly as possible and do what he or she always did, sometimes a person simply is not able to get back to he or she was before his or he injury, even with extensive medical treatments and rehabilitation.

Under such circumstances, California's workers' compensation system may provide the worker ongoing partial disability benefits, assuming of course the worker qualifies for them. Workers can continue to work and draw partial disability payments, but the flip side is that these payments are partial, meaning they don't represent the full lost-wage benefit a worker could claim if he were totally disabled and unable to work.

At a certain point, the treating physician may prepare what is called a P & S Report. P & S stands for permanent and stationary, which is a phrase that refers to the fact that a person's condition has stabilized and the injury is no longer improving. The doctor's report provides information as to whether and to what extent the person can work and whether there might be other factors, not related to work, that are contributing to the disability.

After the worker has a chance to review and object to the report, a disability rating gets assigned based in large part on the report. What rating a person gets depends on a number of factors and indicates the extent of a person's disability. Based on the rating, regular, ongoing benefits will be paid out over a pre-determined number of weeks.

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Bender & Gritz, APLC
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San Diego, CA 92101

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