You have a lot of questions there... most not under 123(a), unless you feel you have suffered discrimination and/or harrassment in the work place, due to your claim of WC benefits.
One of my questions is pursuant to 132(a) should I have been granted a RTW meeting after my PTP P/S'ed me or after my claim is settled or after the AME P/S'ed me?
You should have addressed the RTW issues in 2007 when your PTP determined you had reached P&S/MMI. There is still varying opinion on which party initiates the interactive process. The labor code does mandate a valid job offer if possible reasonable accommodation can -be made .
Statutory Requirement To Engage in Timely, Good Faith, Interactive Process
Prior to the passage of AB 2222, employers were required under the FEHA to make a reasonable accommodation for the known physical or mental disability of an applicant or employee, unless that accommodation produced undue hardship to the employer's operation. AB 2222 adds an additional statutory obligation for employers - - namely, to engage in a timely, good faith, interactive process with employees to determine effective reasonable accommodations, if any, when an applicant or employee with a known physical or mental disability or medical condition requests one. What does this mean to employers?
It is now an unlawful employment practice for a California employer to fail to engage in this interactive process. Once the employer has notice that an employee is claiming a disability (even before a disability determination has been made), the employer must engage in a dialogue in a timely manner with the employee to determine what kind of a reasonable accommodation can be made. As evidence of compliance with the law, the employer should document this "interactive process" in writing.
http://www.rjop.com/publish29.html#1a
More here
http://www.rjop.com/PDF/AccommodationsI ... rocess.pdf Oh, yeah, my TTD payments stopped in March 2007 and I haven't received any PD payments.
Why was there such a gap between your 07/MMI and AME evaluation/MMI report. ?
IF the AME addressed the MMI status of your PTP, and determined you were not MMI until 09, you could be due TTD for the unpaid period. Your DOI is 1998, you are not subject to the 104 week cap.
Have you received a PD/WPI rating to your injury...?
That is what determines the amount of indemnity you are due. The PDA's should begin within 14 days of TTD stopping. Have you received the NOPE/Notice Of Potential Eligibility of benefits from the CA ? That will tell you why the actions have been taken. And what you could expect next.
The other question I have is if I am going to (possibly) be asked to resign, is there a danger in my applying for an early (regular) retirement?
What 'danger'...?
Generally you would not be requested to resign unless you settle the claim by a C&R. If you take the indemnity bi-weekly, the medical remains available...and you RTW if the gods are willing.
Did you appeal the medical retirement denial ? Oft times those 'loopholes' can be shut. But you need the medical evidence tu uphold your contention you should be granted that retirement.
My claim pre-dates the new 2004 legislation.
Hummm...partially. There are many areas of your claim that could be affected by SB899..The information here .
http://www.dir.ca.gov/dwc/WCFaqIW.html might help with some of your questons.
BTW...it might be a good idea to start your own thread... you'll receive more relevant response.