Legal Question in Workers Comp in California

Re: temporary disability benefits and PERS benefits

You pose a large number of questions that I am not certain as to the answers without doing further research. The rule as to being permanent and stationary at the same time applies to apportionment of the percentage of permanent disability from separate injures to the same part of the body or same disability problem; there can be no apportionment unless all injuries are P & S.

So each injury you suffered to a different function of the body entitles you to a period of temporary disability; it is not clear what the situation is when you are P & S on one injury but are off work because of a second injury. Even though you are able to return to work as to the first injury so TD should stop for that injury, you can not return because of the second industrial injury you are entitled to TD on that injury until you could return to work for that injury.

The injection injury you suffered from your WC injury is considered a new work injury [a malpractice suit would have to have been failed within 1 year of the incident].

So, yes you can get TD benefits at the same time as you are getting PD benefits, but I vaguely recall a provision that the PD benefits can be put on hold until you are P & S on the other injury you suffered. And you are correct that the double payments should have been paid in the past. legally you should still be entitled to those payments, but y09u need to find out if there are any rules against getting both at the same time.

Since you are a former police officer, you could go to your Union but I remember that during the 10 years I worked as an attorney for the City of Oakland they showed little knowledge of WC law.

I hope that the above helps. If you need legal representation on your matter, I would be willing to discuss the matter further.

Good luck