Q: Do I have to use paid time off before TPD?
I'm still working fulltime but scheduled for knee surgery on workers' comp. The doctor expects I'll need 4 weeks of TPD. My employer is putting me on FMLA and says I have to use my accrued Paid Time Off prior to getting TPD. I think this is inaccurate. What is the regulation?
A:
Your employer is incorrect. Show THIS to the employer: http://www.calhr.ca.gov/employees/Pages/wc-td-tds-wage-loss.aspx
YOU are using the improper term. TPD = temporary PARTIAL disability, and TTD is Temporary TOTAL disability. For 6 weeks following surgery, you will be TOTALLY unable to perform any modified (or regular) work, so the doctor will write you are TTD.
WRITE A LETTER telling the employer NOT to touch your accrued benefits for any part of this claim; send it by fax so that if you have to prove the employer got this, you will have a fax transmission report with a picture of your letter refusing to permit them to touch your accruals.
BE CERTAIN THE DOCTOR is writing RIGHT NOW the dates you will be Temporary Totally Disabled; that is, if surgery is set for Sept. 6, the treating doctor writes right now you are Temporary Totally Disabled from Sept. 6 through Sept 20. MAKE CERTAIN that writing from the doctor is delivered to both the insurance adjuster and the employer; fax this with a fax transmission report as well. A cover note that you expect to receive TTD for Sept 6-20 without further communication and that no personal accrued benefits are to be touched.
A: YOU DO NOT use any personal accruals when you are labled TEMPORARILY TOTALLY DISABLED -- TTD -- by the primary treating physician for an Industrial Injury, so your employer is completely incorrect (if this surgery is for an on-the-job injury there). YOU WROTE you would be TPD, that means Temporarily PARTIALLY disabled, and people just out of surgery are NOT partially disabled, so be careful that the treating physician does not use the wrong word. You should receive payments directly from the Workers Comp Insurance company, 2/3 of your average weekly wage, as soon as the Primary Treating Physician faxes the Progress Report to the insurance adjuster. IF YOUR DOCTOR fails to fax/mail your insurance adjuster at the correct number and address stating you are TTD for certain dates, the insurance adjuster will not issue payment.
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