Cape Coral, FL asked in Workers' Compensation for California

Q: never received ttd on my case but doc recently put restrictions on work. can i get ttd now even if i am not working.

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

A: You're in Florida asking about a California Workers comp case... so, IF YOU are labeled Temporarily Totally Disabled from your CALIFORNIA job by a physician within the Medical Provider Network for that employer's comp insurer (no, you can't use your florida chiropractor), only THEN are you entitled for payment of TEMPORARY disability. If this MPN Physician wrote you are released to work and you have some TEMPORARY restrictions, your employer (in Calif) can offer you temporarily modified duty to match those restrictions. If the employer fails to find a job that matches the TEMPORARY restrictions, then the insurer needs to be notified IN WRITING and you demand TTD. IF the physician released you as finished -- you've reached Maximum Medical Improvement -- then any restrictions are Permanent, not temporary. Permanent restrictions need not be accommodated by the employer....if these permanent restrictions don't match your old job and the employer doesnt offer you a new job matching the restrictions, then you are UNEMPLOYED, not disabled and not temporarily disabled.

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