Hawthorne, CA asked in Workers' Compensation for California

Q: An employee went off on disability,the employer has subsidized wages for almost 2 years, can the employer stop paying?

Workmans comp lawyer said he should'nt have been getting any extra money what are the repercussion to the employer and employee?

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

A: If you are paying a lawyer with ALL the facts and documents and she gave you advice, you should stick with that advice! The Workers Compensation Act of the Labor Code says that most workers get just 2/3 of their 'Average Weekly Wage' at the 'time of injury'. full wages go to safety-sworn workers, so if this employee was a deputy sheriff she/he gets full wages while temporarily totally disabled from an on-the-job injury. IF by 'went off on disability' you are trying to say this was a receptionist , not safety-sworn and not a fire-fighter, and the employer made her a gift of 1/3 of her wages while the Workers Compensation Insurer paid her 2/3 of her wages, then the employer made this worker a lovely gift. The employer should not expect it be returned nor credited. But their attorney will try. The repurcussion will be that this injured worker will likely get an attorney, if they do not have one already.

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