How to question a rating result (California) (California)

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How to question a rating result (California) (California)

Postby Luckyazkd9 on Wed Mar 06, 2019 11:48 am

I was rated by the States Disability unit and was rated at 66%. I am of the opinion they used a 350 (truck driver) Occupational & Group Number. This variable affects the calculation in the Occupational Variants and Occupation Adjustments.
When I was injured I ran a Route Sales job checking on 30 to 50 customers a day. In the evening I would place an order with the warehouse for all the equipment and supplies I would need to restock the truck the next morning. In the morning my order would be ready on flatbed trucks. I had to load and restock the truck before I left for the assigned area. At each customers location I would have to inventory their supplies, make recommendation and sell new products. If the customer approved the order I would hand unload each item from the truck onto a hand truck and make the delivery. We were also required to restock the customers cabinets with the new supplies. We also installed equipment which could weigh up to 100 lbs. Some units required plumbing connections which we were also required to perform. Crawling under a sink to tap into the cold water line is challenging considering all the junk which is stored under the sink.

I believe I was more than a Truck Driver(350) . Yes, I drove to each location however at each location I unloaded equipment and/or supplies. I also could have been installing new equipment or exchanging units. A Truck Driver Helper is rated as a 460. A Truck loader (my morning job and loading equipment during the course of my day in the field) is rated as a 460.

My main question is, how do I get the Disability Unit to reconsider and factor in my entire job duties? Would a rating of 460 be helpful or am I just wasting my time and yours?

I sincerely thank you in advance. Your guidance over the past 15 years has been most helpful and well appreciated. I try to understand the Workers Compensation system however as the years have gone by the ability of logic reasoning has also diminished.
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Re: How to question a rating result (California) (California)

Postby vampireinthenight on Fri Mar 08, 2019 9:21 am

Hi there,

A 350 code includes some loading of materials, tie downs, etc. But you can certainly go ask them and see what they say. In many work comp boards, the DEU representatives are right next to the I&A office.
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Re: How to question a rating result (California) (California)

Postby Luckyazkd9 on Sun Mar 31, 2019 9:57 am

Mr. Vampire in the Night, Thank you for your response. I shall visit a DEU office in Van Nuys and pose my question. All they can do is say NO and toss me out by the seat of my pants, right? As a side note I have been in the Workers Compensation vortex for so long my original AA passed away, one of the remaining partners of the firm took over my case, my last AME Doctor (2014) retired and my PTP is about to go under or retire. PTP has few patients in their waiting room. It's not like the old days when it was hard to find a place to sit. An Adjuster once mention years ago my case would never be settled as it was too pricey. I think they are wishing I expire soon but I feel I still have a good 15 years left in me. Benson reset the settlement process and now they are looking for any little medical issue they can find to use as an offset. Good luck to them as I was the type of employee who went 28 years before taking a Sick Day. I have been lucky to enjoy good health most of my life until my w/c accident.
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Re: How to question a rating result (California) (California)

Postby vampireinthenight on Tue Apr 02, 2019 7:44 am

Best of luck to you! Although a C&R can often be too expensive, it is usually in a carriers best interest to at least settle by way of stipulated award. A case as old as yours probably carries the threat of additional TD if you have any significant procedures done.
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