Asked in Workers' Compensation for California

Q: stepson is out on workmans comp the business is temp shut down due to fires. should he continue to be paid wrkmns com

my stepson is out on workman's comp the business (Yosemite park) is temp shut down due to fires in northern California. Should they continue to be pay him workman's comp since he has not yet had surgery even though they are temporarily closed? they seem to be dragging their feet on his surgery. he lives alone and we are 2000 miles away. should he be provided someone to drive him to the surgery and to pick him up ? what other amenities should he be afforded since there is no one to take care of him while he is out with this hernia. He lives upstairs and shouldn't really be climbing up and down the stairs according to the doctor, is it possible to have them transfer his case here to Alabama so there will be someone who can care for him?.

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2 Lawyer Answers

A: If he is still temporarily disable TTD it won’t matter if his employer is shut down or not he is still entitled to be paid his benefits

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A: Payment of temporary disability (TD) benefits is based on the medical reports provided by the primary treating physician (PTP) and his or her determination. Regardless of the business now being open or not. An injured worker MAY get up to 104 weeks of TD based on the doctor's reporting. There are exceptions to the 104 week limit.

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