Found Permanent and Stationary - What Happens Next

[lvnprntlc]

My question involves workers compensation law for the state of: California

I was injured in Dec. 2009 (left shoulder). I have had surgery, physical therapy, etc. I was just found permanent and stationary yesterday. My restrictions are no heavy lifting/pulling/pushing (40 pounds) and no repetitive motion longer than 30 minutes per hour. My work description states I must be able to lift/push/pull 25 pounds. My work states they cannot accommodate. There are several areas in my job where I can work with these restrictions. At this point, it is one person who is making this decision.

I do have an attorney...but I will not see him until August 15th.

Should I apply for SSI? I was going to look for another job, but my case worker told me that I still work for them (my employer is self-insured). I have not been off work the complete time. The last time I worked for my employer was approx. 2 weeks ago.

I guess my main question is what is the next step? I have already had my AME/QME...but no results yet on that. I have done all of my depositions.

Any suggestions and/or questions would be appreciated.

P.S. the reason they are stating they cannot accommodate is that there would be times where I need to perform CPR. I have had to do this 3 times at my job in the last 12 years. I was just re-certified WITH INSTRUCTORS WATCHING ME PERFORM 2 months ago!

[Mr. Knowitall]

Do you mean SSD or SSI? Do you have so few work credits that you don't qualify for SSD, or are you confusing the two programs?

If you are entitled to Social Security disability benefits, and either would qualify for and benefit from a lump sum payment (sometimes the back pay ends up going to an insurance company) or will continue to be out of the work force due to your disability, then it would appear sensible to apply.