Legal Question in Workers Comp in California
Hi I read your articles very helpful
If an IW has a DOI in 2009 with earnings at 1,000 a week �or- �less than maximum-more than minimum at date of injury, The claim was immediately denied all liability with no benefits paid. Claim was eventually accepted in 2013, and TTD was 1st paid in 2013 for the 2009 injury, how would the correct TTD rate be determined, or what would it be? Using the statutatory maximum at time of payment
vey much appreciate your help
1 Answer from Attorneys
No. The carrier will pay at the 2009 TTD rate. Note, since you are not a maximum earner for 2009, it really does not matter that the TTD rates are different for 2009 and 2013. By law you would be entitled to the same via a lump sum payment of TTD if there are medical reports from 2009 showing that you were TTD and the employer did not have suitable modified work. If the carrier is late making the retroactive payment, then consider asking for a 10% late fee, or even a 25% increase for unreasonable delay.
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