Legal Question in Workers Comp in California

As long as you were honest with the physicians and others you saw, they can not get the money back from you. They are required to make a reasonable estimate of what your permanent disability was and advance to that level of benefits, less a reserve for possible attorney fees. That you made a better recovery is not your fault, they should have been more careful i their calculations [it is rare that an injured employee becomes permanent and stationary within two weeks, so you likely should have been receiving TTD for a longer period of time before you reached a level of maximum improvement]. You need to write them and their attorney, if any, and demand the case law basis they have for asking for a return of the money or they should petition for a reduction in your PD award if you ever got one.

The first, and only question is, did you sign any settlement documents. If not, then there might be some wiggle room to negotiate. Please give me a call for a free consultation at 1.877.505.INJURY.

You are entitled to a settlement for your permanent disability and if the insurance company over-paid you on temporary disabilit benefits, they can deduct that from your dettlement. Feel free to call us at 213.388.7070 for s free consultation.

IS THIS LEGAL = YES. If the Insurer received medical reports/evidence that the money paid out was not due to you -- e.g., you were not totally disabled for those two weeks -- it may demand repayment.

DO YOU HAVE ANY RECOURSE? = OF COURSE. You get the report from the physician stating you were Totally Temporarily Disabled -- TTD in 'comp lingo' -- and copy it and mail it to the adjuster with a note stating you WERE temporarily Totally Disabled for that time period and your employer refused to permit you to work whilst Temporarily Disabled, and then see what the adjuster responds with.

GO TO THE FREE INJURED WORKER SEMINAR given by the INFORMATION AND ASSISTANCE OFFICER there at the San Diego WCAB.

THE MONTHLY FREE SEMINAR IS THIS FRIDAY !!! Go this Friday or you will have to wait another month. It's 10am at the San Diego Workers' Compensation Appeals Board, 7575 Metropolitan Drive

Suite 202

San Diego 92108-4424

Here are fact sheets that help with these 'zero' cases (where attorneys are not going to be excited because 15% of Zero is zero...): http://www.dir.ca.gov/dwc/iwguides.html

Hope that helped.