Q: My TTD payments are based on what I was making 2 years ago, which is far less than what I'm making now. Can I fix this?
I was injured on the job in 2015 but had surgery about a month ago. Everything is covered by work comp but they're paying me based on my weekly wages from my original injury, not my current weekly wages. I was making about $1200 more per month before my surgery than I was when I was originally injured. Needless to say, this is causing huge financial problems for my family. Is there any way I can fix this so my TTD is based on my current wages?
A: The Labor Code says the insurer pays based upon 'Average Weekly Wages" at the TIME OF INJURY. so you have to have a trial before a workers compensation judge to try to persuade the judge paying you now based on what you earned then is unreasonable and unfair. THAT is going to take an attorney, and still is super-tough to accomplish. In 25 years of workers comp, I've only been able to get the judge to adjust the TTD rate once. The test case was the "Thrifty" decision where a person took and passed the Registered Nurse board exam, was just about a week from receiving her test results so she could work as a registered nurse, but then got injured earning minimum wage at Thrifty Drug Store. So get an attorney willing to take your facts to a judge and request a finding that -- like in the Thrifty Drug decision -- paying you TTD based on AWW is unreasonable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
