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Thread: TTD Calculation

  1. #1
    Join Date
    Oct 2007
    Posts
    23

    Default TTD Calculation

    Hello,
    Does anyone know of a case law that allowed previous employment on factoring TTD amount. I was only with the company two months before the accident, and I was wondering if there has been a case that used previous employment salary for TTD amount?
    Thanks,
    FamilyGuy

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: TTD Calculation

    TTD benefits are based on your AWW...the CA can go back 12 months to get an AWW, so yes, your previous wages can be taken into consideration.
    Supply the CA with your wage history and ask for a recalculation of your TTD benefits...there is a maximum TTD rate, so if you are already receiving the max, that's it.

    4451. Average annual earnings shall be taken as fifty-two times the
    average weekly earnings referred to in this chapter.



    4452. Four times the average annual earnings shall be taken at not
    less than four thousand eight hundred dollars and sixty-four cents
    ($4,800.64) nor more than fifteen thousand two hundred dollars and
    sixty-four cents ($15,200.64) in disability cases, and in death cases
    shall be taken at not less than the minimum nor more than the
    maximum limits as provided in Section 4702 of this code.


    You can read about TTD/PD benefits here...http://www.leginfo.ca.gov/cgi-bin/di...file=4451-4459,
    You don't need 'case law'...

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: TTD Calculation

    that might only help if you were not a permanent full time employee.
    there is some caselaw available thru www.appealsboardreporter.com

  4. #4
    Join Date
    Oct 2007
    Posts
    23

    Default Re: TTD Calculation

    Hello,
    Thanks for the links. I see that they calculate all your jobs when the accident happens, but I don't see anything about using a previous employer.
    I did go to an appeals hearing about this, and the judge noted the previous employer info, but would not use it. He wants more info on any other case that allowed a previous employer.
    Thanks again,
    FamilyGuy

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: TTD Calculation

    that's correct.
    the law doesn't allow you to collect disability on wages you are not loosing.

    P.S. employer is also not allowed to reduce your disability based on a prior lower paying job. It has to work both ways.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: TTD Calculation

    ''P.S. employer is also not allowed to reduce your disability based on a prior lower paying job. It has to work both ways. ''

    wanna clarify what you mean here...that doesn't make sense...(?)

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: TTD Calculation

    p.s.s.
    you might be able to use prior emplyment earnings on a PD rate but very tough to over-ride clear evidence of what you'd be making were it not for the injury when calculating your TTD rate.

  8. #8
    Join Date
    Oct 2007
    Posts
    23

    Default Re: TTD Calculation

    Thanks .Sh,
    I've been searching hard for a case law that pertains to my problem. There has to be something out there?
    Thanks,
    FamilyGuy

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