Legal Question in Workers Comp in California
temp disability payments
I have been on work comp going on 27 months. the ins comp stoped paying me but im only 6 months post op. I have not been declared p&s yet by my doc. and wont be for at least 6 mon. should i still be getting paid by ins carrier.
2 Answers from Attorneys
Re: temp disability payments
for any injury post reform, 2005, you are allowed only 104 weeks of TTD, then you are on your own. It is hard to belive such legislation passed because most back surgery requires at least a year for recovery.
Re: temp disability payments
California law used to provide for a maximum of 240 weeks [about 60 months] of temporary disability; ask the WC carrier why they stopped paying you. Has any other Dr. said that you are permanent and stationary, released you to return to your prior work, are you getting vocational rehabilitation benefits instead, etc? It would not be unusal to be p&s within 6 months of surgery. If they have stopped TD payments without a legal reason, you can get a 10% penalty.
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