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California Workers' Compensation - Permanent Disability explained. - YouTube
Channel: MichaelBurgis
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hi my name is Michael Burgess and I'm an
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attorney I wanted to briefly go over
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what permanent disability is under a
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claim for workers compensation benefits
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now in workers comp if you're injured at
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work and after you've had medical
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treatment if you go on to have a
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complete recovery and you have no
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residual disability or impacts on what's
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referred to as your activities a day
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living
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basically you're injured and you have a
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full recovery and workers comp you are
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not compensated for those damages now
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you are compensated if after your
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medical treatment you've not had a
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complete recovery that is you do end up
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with residual permanent disability now
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the word permanent disability is sort of
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a legal abstract what that means is if
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you end up with ten percent permanent
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disability it doesn't mean you've lost
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10% of your functional capacity or that
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you know if you've lost 50% disability
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rating that doesn't mean that you've
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lost half of your ability to work or
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half of your ability to function it's a
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legal abstract what that means is this
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it's based on a few things it's based on
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your injuries and the impact it has on
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something called the activities of daily
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living what that means is cooking
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cleaning grocery shopping running
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errands standing sitting for prolonged
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period of time personal hygiene
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getting dressed just the things you do
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every day now let me give you an example
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somebody's injured at work and they
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injured their back now after treating
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they still have some back pain and that
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back pain still bothers them when they
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put on their shoes when they stand and
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take a shower or they cook or they try
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to carry groceries if they've not had a
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complete recovery and those injuries do
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still affect them in those activities of
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daily living
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then in workers comp they should be
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compensated for that permanent
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disability now it's based on something
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called the AMA guides this is an
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American Medical Association book that
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you clot you the injuries are classified
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based on objective and subjective
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complaints now if it's a psychological
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injury
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based on something called the gaffe
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scale which is based on symptom ology
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all of the permanent disability is based
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on medical evidence now sometimes I
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think I'm smarter than a doctor I'm not
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a doctor so I can argue in front of a
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judge two on blue that I think my client
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is perfectly disabled and has very
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severe permanent disability judge can't
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even award it it's all based on medical
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evidence so I have to have medical
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evidence indicating what if any
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permanent disability my client has and
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once again that permanent disability is
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based on impact on those activities of
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daily living and the classifications
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under the American Medical Association
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guidebooks and in a psychological injury
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it's based on something called a gap
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scale but basically if you've not had a
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complete recovery you have potential
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permanent disability that is how an
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attorney works up your case to provide
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compensation for you now the permanent
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disability is not paid in a lump sum for
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instance if you're a maximum wage earner
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currently and you have one percent
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disability it's approximately around
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seven hundred dollars what that means is
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you're paid approximately seven hundred
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dollars over a period of time and
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currently that's paid at around two
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hundred thirty dollars a week you get
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that until that's all paid out now in
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the for instance a ten percent
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disability case it's approximately seven
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thousand dollars what you still get
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those checks for two thirty a week it's
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just paid in a longer period of time so
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the greater the permanent disability
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you've sustained in a work comp injury
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the greater the amount of compensation
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you're potentially entitled to and once
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again it's generally not paid in a lump
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sum it's paid overtime but as an
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attorney our goal is really a few things
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to do for you get you the best medical
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treatment we can get you and if after
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that treatments been completed and
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you've reached what's called a maximum
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medical improvement state and you had
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you're still having pain and symptoms
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that are affecting you in those
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activities the data living then we do
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our job to look at medically what
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classic
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would fall under those AMA guidebooks
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and really to try to lock in the
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greatest amount of permit disability to
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get you the greatest amount of
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compensation once again this is just
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gently touching on what permanent
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disability is and how you're able to
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obtain compensation for that any
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specific questions feel free to give
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them office a call I'll answer all your
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questions in detail our numbers below
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thank you
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