Legal Question in Workers Comp in California

I am a California resident. In October I fell at work and have recieving Workman's Comp payments. From Oct until Nov. 17th I was receiving part pay as I was still working part time. I now have been off since Nov. 17th. I have been receiving a percentage of my current pay which was based on my full time employment which I had at the time of my fall.

Today they called me to let me know that based on my year's average pay they have been over paying me. I have been on full time since the end of Aug. and was at the time of my fall, but Jan. to Aug. I only had part time hours.

My question: Can they reduce my benefits based on a year's average and NOT based on my current pay at the time of my fall?

Thank you very much, Libby


Asked on 1/11/11, 1:35 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I assume that you would have continued to work full time had the fall not occurred. The purpose of TTD is to reimburse you for a percentage of your wages had you not been injured. So you should be paid on the basils of what your wages would have been had the fall not happened, not a yearly average. What if you had worked there only a month before the accident, earning $2,400 per month; would they claim your TTD should be based upon $200 per month. Clearly not.

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Answered on 4/14/11, 7:38 pm


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