Sunnyvale, CA asked in Workers' Compensation for California

Q: Not P&S yet but released with no restrictions.l

Then let go, am I still entitled to temp disability payments?

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2 Lawyer Answers
Dr.  Peter Marc Schaeffer
Dr. Peter Marc Schaeffer
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: Interesting question you will have to refer to the medical reports to see if the doctor is still calling you temporarily disabled even though he gave you no work restrictions he may have said you could return to modify duty and if your employer terminate you before you are able to do any modify duty then most likely you should be able to get temporary disability benefits

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

A: NO because you are not Temporarily Disabled. YOU GET UNEMPLOYMENT through www.edd.ca.gov . That's the Employment Development Dept. If you were released to work with NO RESTRICTIONS, absolutely not even one, THEN you are unemployed. IF YOU HAVE EVEN ONE LITTLE INSIGNIFICANT RESTRICTION then yes, you are due TTD from the insurer. YOU MAY ALSO be due increased benefits under LC132 which prohibits employers from terminating employees in punishment for filing for workers comp benefits. that is going to require a lawyer and a lot of proof. MOST comp attorneys do not file and prosecute 132a claims, so when looking for a lawyer insist they show you a draft of a 132a petition and get a game plan on how this will be filed and prosecuted, or shop around for a different workers comp attorney.

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