Legal Question in Workers Comp in California
Worker Compensation
Does workers comp. have to notify prior to stopping your benifits. My husband broke his ankle and had to have surgery on the ankel last Sept. has been inable to return to work since. My husband is an iron worker , he builts bridges. On 6-12-06 he saw the workers comp. Dr. who said he could go back to work on modifed duty, 3 hours standing , no climbing or 6-8 hours sitting. My husband has not heard from his employer as to any modified duty available to him as of yet nor has he heard anything from his workers compensation adjuster. My husband was suppose to get a check this week and it has not arrived. Thank you for you help Danette
2 Answers from Attorneys
Re: Worker Compensation
Your husband may have been terminated without his knowledge. There is a petition under Labor Code 132(a) for penalty. I recommend you hire an experienced worker's compensation attorney to handle your case. If you need representation, call us at 213.388.7070.
Re: Worker Compensation
It is difficult to say given that you have not provided a date of injury. Post June 2004 SB 899 limited TTD benefits to 104 weeks. If your husband has received 104 weeks of TTD, then the carrier will stop paying. Although the carrier is suppose to provide notice, there is no penalty for failing to do so. I suggest that your husband attempt to qualify for EED state disability, which will give him another year of benefits if he has not already received state disability. Othewise, unless he has a supplemental insurance program, he will have no income.
As for modified work, it is probably time to request a court date and speak with the IA office regarding benefits or return to work.
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