Legal Question in Workers Comp in California

I was injured in 2007 and was receiving WC benefits for 2 years. During that time, I attended a job-retraining program and was hired part-time for another company, due to work-restrictions placed by my WC doctor, in which I can only work 4 hrs a day, 20 hrs a week. I am currently receiving WC benefits 75% of my base pay, less the amt I get from my part-time job monthly, but I don't really understand how the 75% benefit is calculated. I initially received a benefit statement in 2009, when I started working again, but it doesn't really make any sense. I was a postal employee at the time of my injury, on the compensation computation worksheet it shows both the "weekly pay rate when disability began" and "Current pay rate for job and step when injured"...should the amount of the "current pay rate for job and step when injured" change and be recalculated when I receive a new notice of increase in base salary from the postal service or will the rate stay the same, as when it was originally calculated in 2009. Please advise.

Asked on 6/12/11, 1:19 am

Alison Gude, Attorney Law Office of Alison J. Gude

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I suggest that you speak with a Federal workers' compensation attorney. He or she should be able to explain the payrate for you.

Answered on 6/13/11, 9:22 am

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