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  1. #21
    Join Date
    Oct 2010
    Posts
    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    They are around 2 hours from my home. I will call them.

    Thank you.

  2. #22
    Join Date
    Oct 2010
    Posts
    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    Can someone please explain State Disability. It appears that they are giving me money for only 6 months, not one year, based on what I made in my last quarter of work of 2009.
    I dont understand this at all. I am getting paid for 6 months at X amount every two weeks. This comes out to actually what I made in Jan-Mar 2009.

  3. #23
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: a Good Workers Compensation Attorney in Southern California

    The number of weeks available is calculated on your base period. The quarters used where you had qualifying wages, and paid into the system.
    There are mim/max weekly rates based on your wages. Whatever amount you have in the base period will determine the number of weeks you have.
    SDI is approx 80% of your average wages. SDI shouldn't be taxable, but UI is.
    You should be paid the gross amount of those months/quarter.

    If you don't have enough in your account to pay for a year, then you'll get what you have coverage for.
    Info on SDI is here http://www.edd.ca.gov/disability/ with an explanation of benefits.

  4. #24
    Join Date
    Oct 2010
    Posts
    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    Is the time period based on the Doctors projected date of recovery from time of injury? If this is so and the Doctor changed the date from 6 months to 12 months for recovery, would they change anything? So if the Doctor projected 6 months for recovery, they would take my base period total dollars and divide it by 13 weeks (3 months), then take this amount and times it by 55% to get a weekly rate? If I perform this, it comes out to my weekly rate. Is this the correct way to calculate this total?
    Can you give me an example how this works?

  5. #25
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: a Good Workers Compensation Attorney in Southern California

    Is the time period based on the Doctors projected date of recovery from time of injury?
    Doesn't matter what the Dr projects. Benefits are paid for 52 weeks +/- based on your account/base period amount.
    If you have 52 weeks of benefits available, and use only 35, you'd still have 17 weeks available. You can't extend the number of weeks, or cash out what you don't receive.
    SDI is "insurance" employees pay the premium for through a payroll deduction. ER does not contribute to the program.
    The Dr has to continue to certify disability exists, as requested by EDD/SDI.
    Info on calculating benefits is here http://www.edd.ca.gov/disability/DI_Benefit_Amounts.htm
    Benefit rate chart for injuries/claims beginning Jan 1/2010 here http://www.edd.ca.gov/pdf_pub_ctr/de2589.pdf

  6. #26
    Join Date
    Oct 2010
    Posts
    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    Thank you.
    I called State Disabililty. They told me that my total total funds on my claim will run out 15 December 2010. My claim started 28 June 2010. First payment start 06 July 2010.
    I just finished my 17 week. 24 weeks of payment will total the last quarter of work $13,900. How do I get 52 weeks if my funds run out in 24 weeks, based on my last quarter of work of $13,900? So SDI is based on last quarter of work in total dollars, not total amount of work over the entire job or SDI paid? I am still confused.

  7. #27
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: a Good Workers Compensation Attorney in Southern California

    not total amount of work over the entire job or SDI paid? I am still confused.
    No...you could work in various jobs over 25 years... the quarter used for your base period is all the benefits you have available.

    How do I get 52 weeks if my funds run out in 24 weeks, based on my last quarter of work of $13,900? So SDI is based on last quarter of work in total dollars,
    You don't get 52 weeks. Unless you want to be paid less per week so you can extend the period you are paid.
    Based on your weekly wage, you are paid the max the wage will support per the min/max rates in effect at the time you become disabled.
    If you changed jobs for example, you could have higher wages now than the quarter you paid into the system.
    SDI is ''insurance'' just like life insurance is. But the amount in benefits is based on a qualifying wage/premium paid in the base period.

  8. #28
    Join Date
    Oct 2010
    Posts
    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    Thank you. I talked to SDI, another agent today. She told me that they pay the last quarter total amount, period. So if it takes only 5 months, then its over.

  9. #29
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,856

    Default Re: How to Find a Good Workers Compensation Attorney in Southern California

    Try David M. Masters Attorney at Law. He is also two hours away, located in Rancho Cucamonga. He is worth the drive.
    Last edited by kelly38; 10-26-2010 at 09:15 AM.

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