Palo Alto, CA asked in Workers' Compensation for California

Q: I am going to court for workers comp case and the Dr just released me back to work will i still receive money

Will I receive checks until court is done

Also I have no job to return to because I was laid off while having surgery and recovering

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Do you receive money when the treating physician writes you can return to all pre-injury work? Maybe.

You will NOT receive Temporary Total Disability indemnity, so no more TTD or TPD checks.

The day the Treating Doctor says "this is your final visit; you don't have to come back unless you have a flare up or a new problem" is the day you should apply for Unemployment Insurance at www.edd.ca.gov . One question on the EDD application (all online now) is 'are you disabled' ; say "NO" because you might be 15% disabled but its really asking whether you are 100% disability and you cannot be if you are returned back to your old job.

The treating doctor could write ongoing pain or loss of motion have resulted in some Whole Person Impairment but that this Impairment will not stop you from performing the duties of your pre-injury job (from which you were just separated). In THAT scenario, you would be paid Permanent PARTIAL Disability indemnity payments but still go to work (at your new job, or back at that old job if they call you back to work at the old job.

IF the treating doc writes you are fully recovered with no Whole Person Impairment -- no rateable disability -- then no, you won't be receiving any more money from the insurance company (just the Unemployment Insurance checks from EDD).

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