Riverside, CA asked in Workers' Compensation for California

Q: The insurance carrier accepted my claim, it has been almost 30 days since they accepted my claim, I have yet to be paid.

I'm still collecting SDI my attn finally filed for an expedited hearing, what can I expect? do I receive penalties for late payments

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

A: TTD is due when a Primary treating PHysician on the MPN issues a report that says the injured worker is Temporary Totally Disabled... do you have THAT? Is there a written demand that the treating physician has declared you Temporarily Totally Disabled and you are due TTD Indemnity effective a certain date? IF SO then demand penalties pursuant to LC4620. If not, you need to get these items. It's possible the WCAB Judge might award TTD and 4620 penalties based on a QME report, but most QMEs don't write that the worker is TTD, they only write the worker is not yet MMI.

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
Answered
  • Workers' Compensation Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If your injury is covered by workers’ compensation, your first TD payment is due within 14 days after your

employer learns that:

• You have a job injury or illness;

and

• Your treating doctor says your injury prevents you from doing your job.

You should receive this payment from the claims administrator. The claims administrator must also send

you a letter explaining how the payment amount was calculated.

After the first payment, TD benefits must be paid every two weeks, for as long as you are eligible.

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