Asked in Workers' Compensation for California

Q: My attorney recently told me to apply for edd insurance I got accepted doctor said I was injured at work workers comp

Said I didn't but on the edd application my doctor said I did get because of this workers comp has caused me to Miss payment on my loans how solid is my case

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2 Lawyer Answers
Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: Impossible to answer your question with very limited information provided.

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

A: How 'solid' is your case?? There is not enough detail here to answer that. IF your doctor report is by a physician on the insurer's Medical Provider Network -- you've got an MPN Physician report -- that states clearly you are 'Temporarily Totally Disabled' as the direct result of this industrial injury listed on your Workers Compensation Claim Form, then you should NOT be applying for state disability, you should be applying for a hearing at the WCAB for Temporary Total Disability payments by the insurance company.

BUT if you were seen by a doctor no listed in the insurer's MPN, then all you get is State Disability Insurance through the EDD unless and until you get a report from an MPN Physician that specifically states your work injury on your claim form caused Total Temporary Disability.

No WCAB Judge nor any adjuster will care at all if you are missing payments. Focus with your attorney on getting the right evidence to the WCAB judge. When the Workers Comp judge has the MPN physician report, then the adjuster knows she will pay anyway so temp. disability payments will start automatically.

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