Question about Temporary Disability payments

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Latest post 01-03-2010 7:12 PM by PattyPA. 14 replies.
  • 01-03-2010 11:00 AM

    • Lu Lu2
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    Question about Temporary Disability payments

    I returned to work last week after being out on Workers Comp for about a year and a half.  I am only working about 16 hours per week limited duty until next month when I start working full time again.

    I just assumed that my workers comp temporary disability payments would continue but that worker's comp would deduct money from or prorate my WC check because I am working part time.  But I can't find any information about this online and the WC office is closed today.

    So do they prorate my WC temp disability payments or will I only receive wages from my work paycheck for my 16 hours.

     

  • 01-03-2010 11:03 AM In reply to

    Re: Question about Temporary Disability payments

    What state?

    And have you been released to full duty yet and your employer doesn't HAVE full-time work until next month?  Or are you released only for part-time and will be medically released without restrictions in February?

  • 01-03-2010 11:18 AM In reply to

    • Lu Lu2
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    Re: Question about Temporary Disability payments

    What state?  California

    And have you been released to full duty yet and your employer doesn't HAVE full-time work until next month?  Or are you released only for part-time and will be medically released without restrictions in February?  &... I have not been released for full duty.  My doctor said light duty (16 hours per week) until Feb when I will be released without restrictions.

     

     

  • 01-03-2010 11:51 AM In reply to

    Re: Question about Temporary Disability payments

    You are due TPD/Temporary Partial Disability.

    You would be paid 2/3's of the difference between your light duty wages, and your normal wage...subject to the max TTD/TPD rate.

    4653.  If the injury causes temporary total disability, the
    disability payment is two-thirds of the average weekly earnings
    during the period of such disability, consideration being given to
    the ability of the injured employee to compete in an open labor
    market..

    4654.  If the injury causes temporary partial disability, the
    disability payment is two-thirds of the weekly loss in wages during
    the period of such disability.
    However, such disability payment shall
    be reduced by the sum of unemployment compensation benefits and
    extended duration benefits received by the employee during the period
    of temporary partial disability.



    4655.  If the injury causes temporary disability which is at times
    total and at times partial, the weekly disability payment during the
    period of each total or partial disability is in accordance with
    sections 4653 and 4654 respectively.
    http://www.leginfo.ca....

    The difficulty with this benefit is that your ER pays your wages, then has to provide that information to the CA/Claims Adjuster, the CA in turn calculates and pays the TPD benefit. You in turn, wait about 2 weeks for the benefits to be paid.

  • 01-03-2010 11:51 AM In reply to

    Re: Question about Temporary Disability payments

    Then yes, your SDI benefits should be prorated until such time as you are released to full duty without restrictions.

  • 01-03-2010 11:58 AM In reply to

    Re: Question about Temporary Disability payments

    It doesn't appear SDI/State Disability Ins benefits are the question here...but rather WC.

    IF...SDI is paid, there wouldn't necessarily be a reduction right away. Once the EDD/SDI is notified of overpayment, the ER/IC would likely be liable for reimbursement to SDI, as the benefits were paid in place of the carriers liability for wage loss/TPD.

    SDI would only be paying now if the TTD cap were met (104 weeks), which doesn't appear to be the case.

  • 01-03-2010 12:17 PM In reply to

    • Lu Lu2
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    Re: Question about Temporary Disability payments

    No state of California Short term Disability Insurance payments (SDI) are involved.

  • 01-03-2010 12:20 PM In reply to

    • Lu Lu2
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    Re: Question about Temporary Disability payments

    Thank you very much for your response.  I was concerned because I didn't get my Worker's Comp check this Saturday.  I am going to assume that the check is late because they needed to get info from my employeer about how many hours I have worked.

     

  • 01-03-2010 2:16 PM In reply to

    Re: Question about Temporary Disability payments

    Sorry, misread your answer (thought there was a comma after "no"). Ok

  • 01-03-2010 2:27 PM In reply to

    Re: Question about Temporary Disability payments

    Workers Compensation benefits...TTD/TPD are the only benefits being paid here.

    SDI could be paid along with comp benefits, if the SDI benefit was more than the TTD rate, SDI could supplement. Doesn't normally happen that way, but could.

    Also, if the IW were MMI per PQME/AME, rated and receiving PD indemnity under a comp award, but the PTP had not release to RTW, and continued to certify eligibility for SDI... certainly not frequent scenario, but could be.

    The op statement was a bit confusing...I read, re-read more than once to get the meaning.

  • 01-03-2010 2:29 PM In reply to

    Re: Question about Temporary Disability payments

    WC acronyms drive me crazy.. Angry  ;)

  • 01-03-2010 2:52 PM In reply to

    Re: Question about Temporary Disability payments

    understood... but be sure you stay away from SSA/Medicare....

    Hope this helps ...these vary some by state, but most of these are pretty widly used


    AA Applicant's Attorney
    AD Administrative Director
    AME Agreed Medical Examination
    AOE/COE Arising out of and Occurring in the course of Employment
    AQME Applicant Qualified Medical Expert
    ATTY Attorney
    C&R Compromise and Release
    CA/CE Claims Adjuster/Claims Examiner
    CT Continuing Trauma Injury
    CTS Carpal Tunnel Syndrome (Wrist)
    DA Defense Attorney
    DC Doctor of Chiropractic
    DCA District Court of Appeals
    DEPO Deposition
    DEU Disability Evaluation Unit
    DO Doctor of Osteopathy
    DOR Declaration of Readiness to Proceed
    DQME Defense Qualified Medical Expert
    DWC Division of Workers Comp
    DX Diagnosis
    EE Employee
    EH Expedited Hearing
    ER Employer
    F&A Findings & Award
    FCE Functional Capacity Evaluation
    FROI First Report of Injury
    HP Healing Period
    IA Information and Assistance Officer @ DWC
    IC Insurance Company
    IC Industrial Commission
    IME Independent Medical Examiner
    IR Industrial Rating
    IW Injured Worker
    JA Job Analysis
    LC Labor Code
    LD Light Duty
    LOE Loss of Earnings Assessment
    LMR Labor Market Research
    MD Doctor of Medicine
    MMI Maximal Medical Improvement
    MOD Modified Duties @ Work
    MPC Mid-Palmer Crease (Range of Motion Loss Management)
    MPN Medical Provider Network
    MRI Magnetic Resonance Imaging (special x-ray)
    MSC Mandatory Settlement Conference
    NCM Nurse Case Manager
    NEURO Neurosurgeon/Neurologist
    NLT No Lost Time from Work
    NTL No Lost Time from Work
    OJT On-the-job Training
    OR If open reduction & internal fixation
    (Setting of the broken bone in body)
    ORTHO Orthopedic Surgeon
    OV Office Visit
    P&S Permanent and Stationary
    PD Permanent Disability
    PI Private Investigator
    PJ Presiding Judge
    PPD Permanent Partial Disability
    PQME Panel Qualified Medical Expert
    PSYCHE Psychiatrist/Psychologist
    PTD Permanent Total Disability
    PT Physical Therapy
    PX Pain
    QIW Qualified Injured Worker (Eligible for vocational rehab)
    QME Qualified Medical Exam
    REPPED Injured Worker who has an attorney
    ROM Range of Motion (measurement of joint movement)
    RTW Return to Work
    RTWM Return to Work Modified
    RVS Relative Value Study
    (Determines reasonable fees for doctors, hospitals, etc)
    RX Pharmaceutical Prescriptions
    S & W Serious & Willful Misconduct Suit
    SC Supreme Court
    SDI State Disability Allowance
    SDT Subpoena Duces Tecum (used to obtain records)
    SIU Special Investigations Unit
    SSDI Social Security Disability Allowance
    STIP Stipulated Award
    STIPS w/FM Stipulation with Future Medical
    SUBRO Subrogation
    SUB-ROSA Investigator does undercover investigation of employee
    (films employee, etc)
    TPA Third Party Administrator
    TPD Temporary Partial Disability
    TTD Temporary Total Disability
    TX Treatment
    U & C Usual & Customary (Job Duties)
    VR Vocational Rehab (Retraining to new job)
    VRM Vocational Rehab Maintenance Allowance
    VRTD Temporary Disability Paid during VR Process
    WC Worker's Compensation
    WCAB Appointed Physician who determines PD
    WCJ Worker's Compensation Judge
    WCIRB Workers' Compensation Insurance Rating Bureau
  • 01-03-2010 5:14 PM In reply to

    Re: Question about Temporary Disability payments

    ACK!!!!!!!!!!!!!!!

  • 01-03-2010 6:29 PM In reply to

    Re: Question about Temporary Disability payments

    LOL... like those huh ?

    As I said, stay away from CMS/Medicare... you will like those even less...guarantee it.

    Medicare uses a acronym for everything they include in the orginial sentence... its' like a foreign language. That only those employees speak.

  • 01-03-2010 7:12 PM In reply to

    Re: Question about Temporary Disability payments

    I'll just stay with FLSA and taxes and such.

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