Legal Question in Workers Comp in California

Open CA workmans comp case

I hired att#1 he sent me to a doc, not on the MPN, I was taken off work for 40days ttd. att#1 didn't send the ttd paperwork to my employer and wouldn't return my calls. So I hired att#2, 7 days into my ttd. Att# 2 said they'd take care of filing for STATE disability. I informed them I had not received any payments, they said no problem they were on top of things. 32 days into my ttd att#2 sent me to a MPN doc. att#2 then filed for the STATE disability BUT only for the last 8 days of ttd. Att#2 then informed me it was illegal to send in the ttd from att#1 doctor because att#1 sent me there. I called the STATE disability and they said this wasn't true. I told att#2 to send in the paper work from the 1st doctor they refused and refused to give me the ttd paper work so I couldn't file for myself. I believe they did this to avoid paying the NonMPN doctor. I believe this is fraud. Can I sue att#2 for the state disability money I am out due to their fraud?


Asked on 1/29/15, 2:23 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

IF a physician within the comp insurer's MPN found you Temporarily Totally Disabled, you do not file with the Employment Development Dept., your attorney files for a hearing with the WCAB to get TTD ordered paid .

Most adjusters just voluntarily pay TTD benefits when they receive the Off Work Order from a physician within their MPN, they don't want to get stuck paying penalties later.

So I'm befuddled why the current attorney is so focused on going to the EDD... EDD should NOT pay when the comp carrier is going to pay as soon as the report from MPN Doc is in hand.

I also NEVER EVER file for state disability for my clients... the injured worker has to file and sign personally, the attorney shouldn't be doing this. If the initial doctor will 'certify' you as being temporarily totally disabled for the weeks he saw you, apply for SDI benefits YOURSELF for the weeks the non-MPN doc found you Totally Temporarily Disabled.

It isn't "illegal" to request TTD for those days, but TTD won't be ordered paid by a judge when there is no MPN Doctor certifiying you for total disability. You won't get the money orderd paid back to your SDI account by a WCAB Judge.

Can you sue attorney #2 for State Disability Money? no. Just apply YOURSELF online a www.edd.ca.gov ... and if you need to attach the non-mpn doctor's report, just go there and get one copy of non-mpn doctor's report to attach. (typically, thy EDD Consultatnt just phones the treating doctor's office for confirmation and details).

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Answered on 2/03/15, 10:54 pm


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