Legal Question in Workers Comp in California
I'm a CA non-represented injured worker with a 2003 injury and a 2007 injury. I settled the 2003 injury but timely filed a petition to reopen. I received some TD for the 2007 injury. I worked until 12/30/09 and retired because I could no longer take the pain. I was paid TD until 2/10 when the adjuster said no more TD because the 2 years time limitation kicked in. My PTP said my TD is based on both the old and new injuries. Adjuster said wait for the PQME report. In his report dated 10/01/10, the PQME agreed with the PTP that TTD was caused by both the old and new injuries. As yet that report did not draw any objection from adjuster. The adjuster has not commenced TD and hasn't explained why. I want TD payments plus interest and self-imposed 10%. What can I do?
1 Answer from Attorneys
Contact the adjuster to find out what his rationale is. But under the law, I do not see you have any case. Under the old laws, TD lasted for a maximum of 240 weeks, so TD for the 2003 injury would have ended by 2008. Now TD is good for 2 years from the date of first payment of benefits, so I assume you got paid right after the accident, so the two year period of time has run. Why do you think you are entitled to more TD? The WCAB can award up to 25% more as to the amount delayed. If you actually settled some part of the 2003 injury, as to lhat benefit are you trying to incease. perhaps you mean that the Board issued an award or you stipulated to the amount of PD, not that there was a compromise and release as to your PD.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
