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

Related Topics:
2 Lawyer Answers

Ronald Mahurin

  • 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

  • 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.

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.