Visitor Question

Two Permanent Disability Claims…

Submitted By: Kim (Whittier, CA)

I was hurt and got a settlement back in 2000 along with a disability rating. Now I am filing for disability for something else and I’m wondering if that previous disability will rollover to my current claim?

In other words, I was previously rated at a permanent 33% disability (after my injury in 2000) and ever since then I’ve worked with those specific modifications. But now I have fibromyalgia and have applied for full 100% permanent disability.

How will it work between my previous disability and my current claim? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kim,

The State of California has liberal laws and regulations regarding disability. It can be said the State of California is “disable person friendly”. If you are suffering from a partial 33% disability rating and are applying for 100% disability a couple of scenarios might take place…

The first is you are eventually granted full disability. In that case that full disability will supercede the partial disability rating. In essence the partial will blend into the full disability.

In the alternative, if your application for 100% disability is denied your 33% partial disability will not be adversely affected.

Whether a new injury or other disabling event was an aggravation of a previous injury or disabling event is not important if you are granted full disability.

The only time the aggravation of a previous injury will be important is if you are attempting to increase your aggravated injury by use of a non-work related injury or disabling event.

As long as your injuries or disabling events occurred “on the job” you shouldn’t ruin into any problems being paid.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 12, 2012

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