Visalia, CA asked in Workers' Compensation for California

Q: Out on Workmans Comp 1 yr 9 months 4 surgeries 2/3 pay does settlement have to pay lost wages for leave without pay?

I get a paycheck every 2 weeks with 25 hrs Leave Without Pay plus I do not get my daily overtime pay because I am not there. Just wondering if this is part of lost wages and can my Attorney get that back for me?

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1 Lawyer Answer
Ruben Montoya
Ruben Montoya
  • Workers' Compensation Lawyer

A: Your TTD amount should take into consideration overtime. They will pay you 2/3 of your wages including 2/3 of overtime. So the answer is yes your attorney can file a DOR requesting a Expedited Trial to address such. You should get penalties and sanctions as well as per CA LC 5814. Good Luck.

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