Legal Question in Workers Comp in California

Re: Benefits after Workers Compensation

I have the feeling that some facts are missing. Total temporary Disability id llimited to 240 consecutive weeks, which is more than 4 yeras and not three years. The Comp. carrier is required to send you a notice as to whta TD benefits were paid and why they have stopped. There is no such thing as a time limit on how long your job is modified; the employer can offer you modified work duties that you can handle or continue to pay TTD. TTD ends once the 240 weeks runs, you are found to premanent and stationary,or you have returned to work. Once your condition is deemed P & S, reasonable advances on your permanent disability are supposed to be made. As to the use of yor sick leave, you have to look to your contract of employment or union agreement; normally you are able to use full days of sick leave while off work.

Contact the WC carrier to clarify all of the above; if they say no, ask for a detailed statement with reasons and code citations and case law supporting their position. If they still will not budge, you probably need an attorney to follow up.

Good luck.

Re: Benefits after Workers Compensation

Welcome to the world after the workers compensation reforms of 2004. You may apply for State Disability Insurance and receive another year of benefits at the TTD rate.

Re: Benefits after Workers Compensation

You need to hire an attorney who files for an expedited hearing concerning your benefits. In the meantime, Your Dr. Can certify you to receive EDD (state Disability) benefits. Feel free to call us at 213.388.7070 for free consultation.