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Thread: TPD

  1. #1
    Join Date
    Oct 2008
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    Default TPD

    What does temporary partial disability mean in terms of pay? I received temporary total disability when I was working in 2003 and off work for surgery. Now that I am no longer working (SSDI due to injuries) but have recently had another surgery that was AOE/COE according to my AME and both attornies, I am awaiting one more form by my AME to fill out stipulating whether I am eligible for TTD. I saw in his last report that I was entitled to temp partial disability but my attorney is asking for TTD and I'm confused. I have a conference call at the end of the month with my attorney but just got the letter yesterday stating that once the AME again states I am eligible, I will receive it.
    I realize I am confusing you, sorry, but again, is there a difference? And how does it apply to me?
    Thanks in advance!

  2. #2
    Join Date
    Oct 1971
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    3,457

    Default Re: TPD

    What state?

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

    Default Re: TPD

    temporary partial is disability paid when only part of the wages are lost.
    temporary total is paid when all wages are lost.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: TPD

    In a prior post, cmm indicates Calif claim.

    As your DOI/date of injury is 2003, you are not subject to the TTD/Temp Total Disability cap of 104 weeks. There is no cap for you.
    So, IF the AME provides for dates you are eligible for TTD, those are the periods those benefits would be due.

    Can't tell how this specifically applies to you as you haven't provided enough information.

  5. #5
    Join Date
    Oct 2008
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    20

    Default Re: TPD

    Thanks..yes, you are right, I am in California.
    My first back surgery was in late '03 and a second one in early '04 (laminectomies) on L4/-S1. The injury was in '02. I had both surgeries performed by a workers' comp ortho.
    I rec'd future medical for this. I had pain through the years, but tolerated it. I started back with the system docs in '07 due to increased pain.
    After seeing the primary doc for several years, he requested I see ortho since all of the requested treatments were denied.
    They approved the ortho, and he asked that I have an epidural to WC. It was denied.
    That is when I went out of the system and procured my own doctors with our personal health insurance. This was done at the urging of my attorney. Our insurance only requires a denial to start using them in a WC case.
    During this time, the WC ortho I saw was rude and frustrated with the system and said to me that he was not interested in treating a patient that was settling soon and wanted to "pad the case."
    My personal doc ordered an MRI showing an 18mm herniation at L5 impinging on the S1 nerve root, and I saw a neurosurgeon (my insurance) and was told that only a two-level spinal fusion would take care of the problem.
    I had that done end of last year. I saw an AME a month or so after the surgery and he is the one that stated in his report that the neurosurgeon's report showed significant scar tissue on the area (wrapped around the nerve) and that it was due to the previous laminectomies (not uncommon).
    He also said I was TPD, yet my AA was asking for TTD from the judge at the latest hearing. The judge indicated that he wanted (due to opposing counsel's request) to have the AME send another request for TTD. I am thinking he will since the report states it and he hasn't seen me since he wrote it.
    My question was whether there was a difference in pay for TPD versus TTD. I realize I am eligible, but just didn't know if it would be decreased due to TPD from the amount I rec'd back in '03.
    Thank you in advance.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
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    18,017

    Default Re: TPD

    My question was whether there was a difference in pay for TPD versus TTD. I realize I am eligible, but just didn't know if it would be decreased due to TPD from the amount I rec'd back in '03.
    I did not see a question about the amont of $ difference, you asked what is the difference between TPD and TTD. That was answered for you.

    If you had a stipulation award in the prior claim, and reopended you would not be eligible for either TPD or TTD. Doesn't matter what the AME says.

    TPD/TTD is never offset or reduced by a prior payment of benefits. TPD/TTD is paid based on the dates due and medical determination. Full wage loss, vs partial.

    If you are asking about apportionment to cause... that would be different issue, and yes, the prior award would reduce any additional award.

    I've read your rebuttle in the other post... as you know, ALL claims are addressed on a case by case basis. Whether your presonal health carrier was billed for services/treatment we have no way of knowing. Because a provider/Dr takes that information, those same providers are under the same rules as any other Dr treating industrial injury. Those bills may well have been denied, Drs know they are not to bill an IW for any services to work injury. But treat on a lien basis, but again, each would be address on it's own merit.

    Regardless of how much you think I know, or what you know. YOu can't, nor should you post all the details about your claim on a message board, what you say here can be used later in litigation of your claim.

  7. #7
    Join Date
    Oct 2008
    Posts
    20

    Default Re: TPD

    And they can prove who I am how? Truly, I would like to know. No names have been used.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: TPD

    if there were overlapping periods of temporary disability the would take credit for payments previously made.
    as you can see Bvia blows a lot of smoke.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: TPD

    Quote Quoting cmm View Post
    And they can prove who I am how? Truly, I would like to know. No names have been used.
    Youd be suprised. Ask Tony about the trolls here, and how many have been ousted without even ever having posted...
    Anything you say on a message board can be used in ligitation of your claim.

    "smoke" SH... really. If you want to rebutt something, just do it. And please provide the authority you base your opinion on. Having been a ''claims adjuster'' in your resume doesn't quantify you as a genius, your opinion without back up is no more than the baloney you're so fond of.
    Last edited by BvIA; 06-29-2010 at 07:50 AM.

  10. #10
    Join Date
    Oct 1971
    Posts
    3,457

    Default Re: TPD

    There are 91 (9 members and 82 guests) viewing the forums at this moment.
    Now why would 82 people decide to hang around a message board to read this stuff?

    You'd be surprised at the audience we have.
    Tony
    Last edited by tony; 06-29-2010 at 08:46 AM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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