Redding, CA asked in Workers' Compensation for California

Q: For temp disability benefits. If I didnt work barely an of the 52 week prior can the calculate my income another way

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

A: Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be entitled to TTD and the review period should go back further. If you were able to work but had no income, then you are probably suck with the current calculation. EDD uses a somewhat different formula for State Disability benefits so you might start there. With a higher EED wage in place, you have some standing to argue a different TTD rate.

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