I have a few questions and am hoping someone can clarify the legal aspect. I am in the process of settling my claim, and one thing that has come up is the matter of TTD. I was never paid TTD. For 7 months I was on SDI and then the AME found me PPD. PPD payments began about two months after that. So, I know there is a lien for the PPD advances, and I have to pay back those 8 weeks to EDD, but what about the 7 months prior? I was terminated from my job shortly after filing for WC (that is a whole other issue), but as far as I can tell, legally speaking, this does not alleviate my ex employer (specifically, their insurance carrier) from paying benefits.
So, to reiterate:
1) Injured at work
2) Terminated from work
3) Initially, claim was denied (not industrial related)
4) Was paid SDI from date of injury
5) AME determined industrial related and termed me PPD
6) Claim accepted
7) PPD payments began from the AME date
8) SDI payments and SDI claim terminated when PPD advances began (March), though the PPD advances are dated 8 weeks prior (Jan., date of AME), so in all likelihood that money will be owed back to EDD since you can't get both at the same time
But what does the law say about owed TTD? Am I not owed TTD for the 7 months prior to the AME (I know the SDI amount will have to be paid back to EDD)? The reason I am curious is because I want to use the TTD payments as leverage, if I can. In other words, if I tell the insurance carrier I won't pursue TTD back pay, the insurance company would save 5 figures and perhaps I could use this to negotiate a larger settlement. Would this even be legal though? SDI is for non work related injuries and my injury was work related, so I feel like TTD back pay must be paid and EDD must be paid back. Also, would there not, potentially, be penalties? But, again, if I can use my TTD non payments as leverage, legally, I would like to.
* I know I need to ask my lawyer. I will be seeing her again this week as a suitable, though not perfect settlement is on the table.