Re: Ongoing Wage Loss Payment Calculation
This is a slick trick on their part, they're gambling you won't put up a fight and accept what they offer.
Because they started a new case on 10/12/2019, the previous years' wage calculation is based on the already lower wages I received while on modified duty.
This makes the differential being paid out by Sedgewick about 25% of what it was 6 months ago.
Unless you've reached MMI and they settled or closed your initial claim, you would now have a second claim on top of that one which means your initial earnings, before any injury should be used to calculate your TTD benefits.
If you did reach MMI and closed the initial claim, your benefit wage should be based on what your earnings would have been if not for your injury. (usual workweek)
This is a complicated issue, if you decide to fight, don't argue or have further contact with the carrier until you retain legal counsel.
Here's is an excellent blog on this topic, I quoted the relevant paragraph that pertains to your situation.
I. Method #1 – Labor Code § 4453(c)(1) - Usual Workweek
EXAMPLE #2: Hallam v. City of Merced, 2013 Cal. Wrk. Comp. P.D. LEXIS 645
“Moreover, applicant’s temporary total disability indemnity rate should reflect what his earning capacity would have been during the period of disability but for the injury. (Argonaut Ins. Co. v. Ind. Acc. Com. (Montana) (1962) 57 Cal.2d 589 [27 Cal.Comp.Cases 130].)
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.