El Cajon, CA asked in Workers' Compensation for California

Q: what is the interest rate on retro TD and PD and does LC5814 apply

I am owed TD from 2004 to 2007 and from 2011 to 2014. and PD from 2014 to 2018

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2 Lawyer Answers

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.

A 10% penalty on payments is required to be made by the carrier without request for late payments of TD.

On PD you would only be entitled to payments if your rating is high enough to generate payments for 204 weeks of payments. The penalty on PD must be requested and can range from 10-25% of the benefits owed, up to $10,000. PD is only required to be paid if you are not working. Otherwise it is only owed when the case settles.

Nancy J. Wallace

Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Interest is only on JUDGMENTS. I don't think you have actual Orders to pay signed by the judge (that's not in your facts). TTD ends after 104 weeks (unless there is a joint replacement or burn injury). So no judge would order TTD from 2011 to 2014. Maybe if there was a trial and a judge ordered TTD continue in 2004, you might get it for 2004 to 2007. But that one TTD issue should have been tried 12 years ago. If you have only one report and there is no other possible interpretation other than you were due PPD starting in 2014, you could get penalties under LC5814; but if the insurer/defendant has a report showing Zero PD or a minimal amount and they might win at trial owing nothing, there are no sanctions/penalties due for not paying. The solution was to get usable reports in hand back in 2014 and request a trial.

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