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  1. #1
    Join Date
    May 2011
    Posts
    6

    Default Workers Comp and Family Medical Leave

    I currently have a WC claim. Back Injury. I'm being treated by a WC approved Doctor at this time. Can anyone tell me if I would receive WC wage payments if I was off work on Family Medical Leave (120 days)?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: WC and Family Med Leave

    WC and FMLA are permitted to run concurrently...there are no wage replacement benefits in FMLA.
    Only TTD would be paid if "disability" exists as certified by your treating physician.

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: WC and Family Med Leave

    Thanks for your response BvIA, I'm currently being treated for my injured lower back and I do have an open claim with WC. I was told by a pretty reliable source that if I went out on FMLA and called my WC claims adjuster and informed him/her that I was taking FMLA that they would be compelled to pay me those bi-monthy 2/3 wage payments? TTD is define as those WC bi-monthy payments correct? Thanks

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: WC and Family Med Leave

    I was told by a pretty reliable source that if I went out on FMLA and called my WC claims adjuster and informed him/her that I was taking FMLA that they would be compelled to pay me those bi-monthy 2/3 wage payments?
    Your source is misinformed... FLMA has nothing to do with the WC claim, or cash benefits.

    Leave under FMLA only provides job/benefits protection up to 12 weeks/annum.

    If you are due TTD/Temporary Total Disability cash benefits, that is dependant on your Dr certifying disability exists and you cannot work.

  5. #5
    Join Date
    May 2011
    Posts
    6

    Default Re: WC and Family Med Leave

    Thanks for getting back to me on all this.

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