Concord, CA asked in Workers' Compensation for California

Q: I'm in cal.and have an open case with workers comp for my knee ,now new claim with my back same employer

I have an open claim for my knee at the time of knee injury i was earning$14.00 hr.i have now opened another claim for a back injury and I now earn $15.50 per HR. I'm scheduled for surgery on my knee while also being treated for back injury both require tpd ? Please I'm confused will my payments be based on 1st injury or the 2nd or will they split the difference ? Thank you

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1 Lawyer Answer
Steven James Foster
Steven James Foster
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

A: If I understand your question correctly, you are off work for both injuries. Unless your employer can show you are off work for just the 1st injury, I would argue you are entitled to the higher rate. Usually, your employer will pay on ONE claim based on the medical reports they receive from your doctors.

You also need to keep in mind there is a 104 week limit on temporary disability benefits for each injury.

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