Legal Question in Workers Comp in California

You are entitled to Temporary Disability payments LESS THE UNEMPLOYMENT payments from the date the employer terminated you until a physician declares you able to return to full duty with no restrictions (or at Maximum Medical Improvement). You MAY NOT cash an Unemployment check then demand another check for the same dates. YOU NEED AN ATTORNEY immediately, you needed one the date you were terminated and you needed one before you picked the horrendous QME you picked. The insurer need not pay you any more TTD because it has a QME report that says you can work at something somewhere, you are at Maximum Medical Improvement and so no longer temporarily totally disabled. you should have objected to the QME findings when there was no report 60 days after the appointment, but you 'crossed your fingers' so see what he might say...and it's probably too late to object to his findings as being late. But an experienced certified specialist attorney in workers comp MIGHT be able to get the matter on calendar and get a judge to strike the report as non-admissible because it's late, BUT YOU NEED TO GET THAT DONE IMMEDIATELY. So when interviewing attorneys, make certain the one with whom you sign will get the claim on calendar immediately to get the QME report struck...the 'radio' and 'TV; guys have secretaries administering claims and they don't fight QME findings, so if you are not meeting the attorney handling your claim face-to-face and the attorney does not tell you when she's going to get the claim on calendar to get the QME report stricken and TTD payments ordered, go find another attorney.