California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Feb 2010
    Location
    Hollywood
    Posts
    19

    Default Not Getting Paid

    My workers compensation claim was made in the State of: California

    The insurance company and defense attorney in my case have been real shady. After I asked for a second opinion from their doctor they stopped paying TD, so I only got about 6 months of TD, then went on EDD, got that for about 8 months, then at the towards the end of my 2 years worker's comp kicked in for the last couple of months, so within my 2 year limit I used up both my TD and my EDD. However now that I should be receiving PD payments I'm getting nothing. The insurance company/defense attorney keeps playing games and in the meantime I'm about to lost my apartment because I can't work and I have no income and my lawyer isn't doing anything. What can I do? Can they do this? Aren't they supposed to be paying me PD until my case is settled? Any help would be appreciated. I'm so lost and all of this stress is killing me.

  2. #2
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,899

    Default Re: Not Getting Pd

    Quote Quoting lionrain View Post
    My workers compensation claim was made in the State of: California

    The insurance company and defense attorney in my case have been real shady.
    Mine too.

    After I asked for a second opinion from their doctor they stopped paying TD,


    Did you get the second opinion, if so did you get the report? Usually TTD is stopped when your own doctor or an AME writes you are P&S (permanent and stationary). When this happens TTD ends and PD begins. I would ask your attorney if you wer P&S'd at that time.


    so I only got about 6 months of TD, then went on EDD, got that for about 8 months, then at the towards the end of my 2 years worker's comp kicked in for the last couple of months, so within my 2 year limit I used up both my TD and my EDD. However now that I should be receiving PD payments I'm getting nothing.

    If you were P&S'd you should have received PD payments. Unless they are disputing your claim.
    The insurance company/defense attorney keeps playing games and in the meantime I'm about to lost my apartment because I can't work and I have no income and my lawyer isn't doing anything. What can I do? Can they do this?

    Have you been returned to work with restrictions, or is your doctor still taking you off of work? If your doctor is still stating you cannot work, you should now apply for social security disability.

    Aren't they supposed to be paying me PD until my case is settled?
    No, PD payments are based on what your rating was (if you have been rated). For some people with a low PD rating, they may only get 5 months of PD checks. It has nothing to do with when your case settles. Some people are rated 0% PD rating...then they are not paid PD.



    Any help would be appreciated. I'm so lost and all of this stress is killing me.
    I recommend calling your attorney and requesting an appointment via phone or in person.

    I would ask him these questions...

    1. Have you been P&S'd by any doctor? Has any doctor declared your injury to be non-industrial? Is your claim being denied?

    2. If you were P&S'd by a doctor, what was your rating, and were you returned to work, if so what are your restrictions.

    3. If you were P&S'd why have you not been paid PD?

    4. If none of the above occurred, I would ask your attorney to send you to an AME to determine if you were TTD during the past year and a half you were not paid benefits....or ask him to go to court on that issue.

    It sounds like some things may have occured in your claim, and you were not filled in...or like you said, the defense is being shady, and illegally denying you benefits. You will only know if you have a long conversation with your attorney.

  3. #3
    Join Date
    Feb 2010
    Location
    Hollywood
    Posts
    19

    Default Re: Not Getting Pd

    Yes, I was PnSed after I stopped seeing their doctor, however within a few months I started seeing a new doctor and have been under a doctor's care ever since. I have also seen 2 AMEs, an Ortho and a Psych. The Ortho 2 years ago, the Psych last summer, but here comes the shady part, the defense asked for cross x, which is nearly unheard of, and then had to cancel the cross x of the Psych doctor because they still haven't paid him. The doctor has sent them to collections. So then from what you're saying they can do whatever they want? Awesome, I just love being a victim of worker's comp. And thanks, but I'm not eligible for social security, nor do I think I want to go on it at my age.

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