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?.
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
1 user found this answer helpful
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.
1 user found this answer helpful
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.
