Legal Question in Workers Comp in California

Re: Can I still get payment after my benefits end?

Mr. Salazar gave you the answer that I would have given you. Now it comes down to location. If you are closer to Mr. Salazar, give him a call, or if you are closer to me, call my office at 818.385.0520. If I do not hear from you, good luck.

Re: Can I still get payment after my benefits end?

Thank you for your question. The rules on total temporary disability (TTD)paymens depend on the date of injury. Basically, if your resident's injury occurred prior to April 19, 2004 (the date of the new workers' compensation reforms) TTD can be payable for 2004 weeks during a five year period. If the injury occurred after 4/19/04 then TTD is payable for only 104 weeks per injury payable within 2 years. After Jan. 1, 2008 (date of injury) it is 104 weeks within 5 years.

These reforms are very limiting and there are a couple of exceptions. Labor Code Sections 4656 is the controlling statute. I have enclosed a copy for you.

4656. (a) Aggregate disability payments for a single injury

occurring prior to January 1, 1979, causing temporary disability

shall not extend for more than 240 compensable weeks within a period

of five years from the date of the injury.

(b) Aggregate disability payments for a single injury occurring on

or after January 1, 1979, and prior to April 19, 2004, causing

temporary partial disability shall not extend for more than 240

compensable weeks within a period of five years from the date of the

injury.

(c) (1) Aggregate disability payments for a single injury

occurring on or after April 19, 2004, causing temporary disability

shall not extend for more than 104 compensable weeks within a period

of two years from the date of commencement of temporary disability

payment.

(2) Aggregate disability payments for a single injury occurring on

or after January 1, 2008, causing temporary disability shall not

extend for more than 104 compensable weeks within a period of five

years from the date of injury.

(3) Notwithstanding paragraphs (1) and (2), for an employee who

suffers from the following injuries or conditions, aggregate

disability payments for a single injury occurring on or after April

19, 2004, causing temporary disability shall not extend for more than

240 compensable weeks within a period of five years from the date of

the injury:

(A) Acute and chronic hepatitis B.

(B) Acute and chronic hepatitis C.

(C) Amputations.

(D) Severe burns.

(E) Human immunodeficiency virus (HIV).

(F) High-velocity eye injuries.

(G) Chemical burns to the eyes.

(H) Pulmonary fibrosis.

(I) Chronic lung disease.

If you have any questions, you may email me directly at: [email protected] or my other email address which is: [email protected]

Thank you for your inquiry and good luch to your resident. Do not hesitate to contact me directly if you would like.

Samuel L. Salazar

Attorney at Law

617 W. 7th St. Suite 402

Los Angeles, CA 90017