Legal Question in Workers Comp in California
Problem with WC TD payments
I am currently receiving TD payments but for a lot less than I am suppose to.My company has filed with the insurance co. a false salary(less than actual) which is reflecting in my payments. I have called the insurance company several times over the last 3 month and they claim that my company isn't responding with the correct paperwork to prove my complaint.They also tell me that they cannot use my W2 form showing my salary and insist that any proof should come from my company. Can you tell me if this is true and is there any time stipulation for my company to respond to this request without a penalty?
Thanks!
3 Answers from Attorneys
Re: Problem with WC TD payments
Reply from Courtland Palmer at Palmer & Tran, LLP: You need representation to have your average weekly wage adjusted as it is likely the only way to resolve the dispute is by an Expedited Hearing. This is a mini trial on limited issues, one of which is the wage loss benefit (TTD). We would be happy to give you a free consultation in our office for the purpose of representation.
Re: Problem with WC TD payments
Your W2 is evidence. Do you have paycheck stubs? What about bank deposit slips? This can all be evidence. An expedited hearing is in line.
The TD issue is only the beginning. Your position will be compromised with defense medical reports, P&S dates, etc.
Please note that without an attorney, the defense will usually crush an injured worker. Should you desire counsel, or if you have any further questions, please feel free to contact my office.
818.385.0520
Re: Problem with WC TD payments
You need to request an expedited WCAB hearing regarding the issue of the TD rate which should be about 2/3 of your salary. We had similar situations in many of our worker's Compensation cases and we ended up getting the requested TD plus penalties and attorney's fees. Call us at 213.388.7070
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