Legal Question in Workers Comp in California

Is ir legal for the WC Ins. co. to cheat in order to stop my TTD?

I have been out of work since11/99 due to a repetitive trauma injury to my arms. I hired a lawyer in 12/00 and saw his dr. 1/00. This dr. declared me PNS 9/00 after several different opinions and the insurance co. hassling him about my case. Before my treating dr. even received my dr's report back for a double chech from his transcriptionist, the insurance co. called & got ahold of a temp. secretary & asked her questions regarding my case & with no forewarning they stopped my TTD payments! I didn't even have a copy of the report with my work restrictions & neither did my attorney. Is this legal? My attorney's secretary says yes but I find this extremely unfair! They have also caused a delay in the beginnings of my VRMA payments and retraining by switching my claims adjuster again & resending me forms. Can I request to file a Request for Dispute Resolution (DWC Form RU-103)because of this delay? I Need VRMA and retraining ASAP if I ever want to get my life back on track. It is hard to tell my 4 yr. old he can't have a banana because mommy has no money!!! Thank you very much for your time and help!


Asked on 11/07/00, 2:00 am

1 Answer from Attorneys
Attorney Marsili Law Office of Attorney Marsili

Re: Is ir legal for the WC Ins. co. to cheat in order to stop my TTD?

Once the P&S report is issued and served on the carrier if your are considered QIW in that report then they must begin payments of VRMA as soon as TTD is ended. If there is an asserted delay in processing the "paperwork" then they must pay you permanent disability advances which would then be converted into VRMA later rather than a credit against your PD. One way or another any complete stoppage in benefits payment will result in a penalty.

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Answered on 11/07/00, 12:22 pm


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