Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past
66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More 
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answered on Feb 20, 2024
If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More
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answered on Feb 20, 2024
If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 23, 2024
Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests,... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 19, 2024
First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.
In your reasonable accommodation letter, you should provide all the... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
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answered on Feb 20, 2024
In California, employees have the right to request reasonable accommodations for disabilities, including mental health conditions such as depression, under both federal and state laws. This includes adjustments or modifications to the work environment or job duties to accommodate your condition.... View More
I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is... View More
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answered on Feb 22, 2024
Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.
Here are the key factors to consider:
- TTD benefits are... View More
There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More
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answered on Feb 22, 2024
Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.
In detail:
- For injuries occurring after 2003, TTD rates are... View More
I signed form electronically for workers comp
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answered on Feb 3, 2024
A "Notice of Dismissal of Attorney" is a formal document that signifies the termination of your attorney-client relationship in a legal matter, such as a workers' compensation case. When you electronically signed this form, it indicated your decision to no longer retain the services... View More
A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.
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answered on Jan 31, 2024
Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
answered on Jan 27, 2024
The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
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answered on Jan 27, 2024
In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More
Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?
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answered on Jan 26, 2024
Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:
1) If you settled your workers' comp case for less than full value because your employer agreed to give you back... View More
Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More
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answered on Jan 24, 2024
In California, finding a workers' compensation attorney who aligns with your needs and preferences is crucial, especially given the complexity of your case. It's important to look for an attorney who is not only experienced in handling workers' compensation claims but also attentive... View More
What happens after that? If my injury is still being treated and I still can’t work can they stop paying me after one year? I only yesterday got my back injury diagnosis every thing takes forever to be approved etc
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answered on Jan 24, 2024
In California, workers' compensation insurance typically covers medical treatment for as long as it's necessary, related to the work injury. The one-year timeframe often mentioned refers to the statute of limitations for filing a claim, not the duration of medical coverage.
If... View More
Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More
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answered on Jan 24, 2024
Finding a workers' compensation attorney who focuses on quality representation rather than high-volume caseloads can be a critical step in ensuring your case gets the attention it deserves. Here are some strategies to help you find a suitable attorney:
1. Seek recommendations from... View More
Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More
answered on Jan 24, 2024
One of the previous answers suggesting there may be a civil case cross-over is very good and something you should look into. Depending on how the injury occurred there may be options outside of the Work Comp arena. If a 3rd party had some responsibility for the injury you may be able to also go... View More
I went to new work comp doctor and they drug tested me.
They sent paper saying determination was non certify
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answered on Jan 24, 2024
In California, if your drug screen report from a workers' compensation doctor states "determination- non certify," it could mean that the test results are inconclusive or cannot be certified due to a possible error or irregularity in the testing process. This outcome might affect the... View More
I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?
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answered on Jan 12, 2024
In California, if you were injured at work, you generally have the right to file a claim under your employer's Workers' Compensation (WC) policy. This includes injuries resulting from incidents like fainting and hitting your head, as you described.
To initiate a claim, you should... View More
A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More
answered on Jan 12, 2024
You need to talk to a workers compensation attorney.
Whether you have rights in a civil suit depends on a lot of factors. If your employer was discriminating or retaliating against you on account of a disability, or failing to accommodate a serious health condition, you might have claims... View More
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