Whiteville, NC asked in Workers' Compensation for California

Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.

My surgeon released me back to work on modified but the facility says there’s no money in the budget to pay me and wc insurance is to continue. So now neither one is planning to pay me. Is this common? Is this legal? Of course the claims adjuster has offered a very low settlement. I do have an attorney but I want another opinion on this. Thank you.

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2 Lawyer Answers
Domingo Castillo Jr
Domingo Castillo Jr
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!

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

A: No it is not common, it is illegal.

If you were released to modified work and the employ cannot provide modified work, then you are entitled to TTD. If the employer is refusing to pay because of your work injury, then file a 132a and seek wage loss and penalties for discrimination.

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