Ventura, CA asked in Workers' Compensation for California

Q: I was on 4850 pay from June 2020-June 2021. Then on TTD from June 2021-Jan 2022. Now on PD.

I was just diagnosed with cancer (cumulative presumptive work related) last week and my work filled out workers comp paperwork and turned it in. Would I be eligible for another year of 4850 pay since it is a new different injury? I have not received ADPP or retirement pension yet.

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: I just answered this on Avvo, but I'll repeat it for others reading along: the cancel is a NEW Injury, each injury get 52 weeks of LC4850 benefits, so YES you get 52 weeks of 4850 pay. The adjuster DOES NEED a medical report noting the diagnosis and writing that you are Temporarily Totally Disabled as the result of this illness/industrial injury. Like the prior injury, if you remain TTD after 52 weeks, then you are paid 2/3 your average wage as Temporary Total Disability indemnity payments for a year. WE PRAY the cancer will be in remission or completely gone by then. Hope we hear you've conquered this cancer shortly. Go here on Justia or back on and find an attorney who specializes in safety-sworn workers injured on the job... you don't want an 'assistant' at one of those TV 'fight for you' places on this, this takes an intimate knowledge of 4850 benefits and getting the oncologists authorized to attack this malignancy.

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