Legal Question in Workers Comp in California

Insurance carriers improper failure to pay total temporary disability payments

It's comming up on 2 years that I've been out of work on diaability. The insurance carrier denied my claim, it went to the appeals board and they were ordered to pay me for TTD, until I was stable and stationary.

I have only received 2 checks #1 August of 2003 for back payment from 10-17-02 up to 4-16-03. Subtracting what EDD was reimbursed I was left with 1,700.00. From 4/17/03 to 5/17/04 no benefits were paid to me. After several unsuccessful attempts to contact the claims adjuster and my attorney I finaaly filed for an Expidited Hearing with the WCAB at which time they were ordered to pay me along with penalties and interest. Approx 6/9/04 I received a check for 517.82 for ''medical miles'' (by the way that was 1/3 of the amount I submitted)and they also sent me a letter stating that I would receive a check that covered TTD between the dates 1/28/04 through 5/18/04. which still leaves 4/17/03 through 1/27/04 unpaid. I did receive that check which penalties and interest weren't added, but they still havent paid for all my back payments. Is it legal to only pay an injured worker two times in 2 years, leaving a 9 month period between payments unpaid? If it isnt legal, what can I do because I'm exhausted, not to mention dead broke.


Asked on 7/27/04, 3:07 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Insurance carriers improper failure to pay total temporary disability paymen

If you are TTD, you should be getting paid per week. Your situation is not the worst I have seen but it is bad. With the recent legislative changes you are entitled to penalties for each missed payment only, not the entire claim. If you did an expedited hearing and they were ordered to pay, but have not, you will need to go back to the board. I do not suggest that you do this without an attorney. Before I agree to do a free consultation, I need to know where you live? Who is your employer? and who is your employers insurance carrier? I would also like to know what your injuries are? You may email me the answers at [email protected]

If this is something I might be able to help you with, I will email you back.

Norm

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Answered on 8/02/04, 11:10 pm


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