Returning to TTD

[GrumpyGrampy]

I have a continuing claim from an injury in '07. I was on ttd for about five months in '07 and have been back to work since. On Friday I had a spinal cord stimulator implanted for RSD which was a compensable consequence of my injury and will be ttd for an unknown period of time. Probably, a couple weeks or longer. My PCP filled out and (I assume) sent in the DWC 25 putting me out of work. My question is, will the CA automatically resume my ttd if they rec'd the DWC 25? I do have an attorney but do not want to call him fearing he will be entitled to a portion of the ttd amount which isn't a whole lot to begin with ($262/wk). Or, do I just wait and hope I get a check?

[ADJ]

Never assume anything when it comes to wc. I would recommend you obtain a copy of the dwc-25 taking you back off of work and send this to the carrier certified to confirm they receive it. The carrier has 14 days to make the ttd payment from the first date of disability. Your attorney is due a fee from the carrier if he obtains a benefits for you. He works for you. I would call him so they can do their job. Ask them to contact the carrier and make sure they are aware of your off work status.

[EMM]

I was in the same situation, I waited too, in fear my attorney would get a % of my TTD. But when I didn't recieve my check I had to call him. He got my checks coming again and did not take a % since all it took was a phone call to get my checks rolling again. He said that he would only take a % of my TTD if he had to go to court to get the IC to pay me

[GrumpyGrampy]

ADJ & EMM, thanks for the response. I did as you suggested and contacted my AA yesterday afternoon. He wants me to get a copy of the DWC-25, putting me out of work as of 11/06, when I see the PCP tomorrow for my surgery followup. He would then make sure that the CA has a copy. Thanks again.
Next battle will be whether my employer will let me come back at light duty for an extended period. I'll hold those questions for another time.

[GrumpyGrampy]

Had my SCS implanted two weeks ago and will be rtw on Monday, light duty. For the time I missed will my TTD rate be at my AWW at time of injury (4/07) or at my current rate which is $2/hr more and has been for the last 12 months?

[Orangepledge]

I believe it will be at the time of injury. 13 weeks prior to your injury date is where they get your aww from.