Q: Between my job & WC checks, shouldn't I continue to receive the equivalent amount of 2/3's pay per pay period?
I'm still on light duty & my job is giving me work that accomodates my restrictions, but I'm still not making what I used to, as they have very few hours of light work (I was full-time prior to my injury & am working at roughly half to 1/3 of that). While I was recovering & not working, WC paid me $650 per check (my company says they pay 2/3's of total income per check). Last pay period I received $200 from my job & only $170 from WC, totalling to $370 altogether. Neither I nor HR at my job can get ahold of the claims adjuster to explain why I've received $230 less for a pay period altogether. As far as I understood, WC is responsible for continuing to compensate you for your wage loss until you can return to full duty.
A: Yes. YOU NEED to put in writing what the adjuster owes you, with the specific dates and rates. Everything needs to be in writing, so you will need to attach the check stubs showing the lower earnings and the schedule showing you are not working the same hours. You need to give the adjuster a deadline to pay you the Temporary PARTIAL Disability payments still due you. THIS MESS is why people get an attorney, you've got excellent Certified Specialist Comp Lawyers there in LA. When the adjuster ignores your letter, you'll need one to get your claim for back Temp. Partial Disability and 4620 penalties on calendar before a judge.
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