Lodi, CA asked in Workers' Compensation for California

Q: A work accident in 2015 resulted in injuries to my head (TBI), back, neck and jaw. The insurance co. ended my TD early

In 2016 my head injury was declared permanent and stationary but my back injury was not declared permanent and stationary until after a surgery and rehab in 2019. The insurance company ended my temp disability in 2016 and started giving me permanent disability, but shouldn't TD have continued until ALL my injuries were P&S? Or at least the 104 week limit for temp disability? My surgeon and back doctor both stated I was unable to perform my regular duties prior to my treatment. I feel like I should have remained on temporary disability but the insurance company benefits from getting me off TD as quickly as possible. The permanent disability, of course, is coming out of my settlement and it's a lot so I want to make sure they did the right thing.

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1 Lawyer Answer
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: you can actually receive more than 104 weeks in limited circumstances, if your injury is very serious. A head trauma certainly can be very serious. and you are correct that you are entitled to TTD, up to the legal limit, until you are no longer TTD. so if you body part is P&S but another is still TTD then your still TTD. you should consult a workers compensation attorney as there are more complex issues involving PD that you are not aware of and can cost you alot of lost benefits. If you dont know the Kite and Hidika cases for instance, you are potentially losing alot of compensation. Best of luck!

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