Summer Pay for Injured Teacher?

[Footster]

Hi all, I'm new to the forum and live in CA. Been on Worker's Comp TTD since 2003 foot injury that has ultimately involved severe CRPS, plus new injuries to my knee, hip, wrist, elbow, shoulder, hand after many, many surgeries and years on canes and crutches. Anyway, I was an elementary school teacher at the time of the injury and chose to receive my salary for 12 months, although I worked 10 months a year. This is a common choice for teachers who don't want to spend the summer without pay, and the school district spreads out a teacher's annual earnings to provide for the summer.
Since becoming disabled at work, I have spent every holiday and the entire summer with 0 income, as the district says I'm not entitled to TTD for these times since they are a "no earnings period." In the past, I've lived off my savings, but now it's summer again and I have nothing left to fall back on and 4 kids to raise.
The District's attorney says he will authorize a PD advance for the summer (no idea how long that will take to get), but I still wonder whether it is legal for them to cut my TTD to zero over the summer. My attorney says similar cases are "all over the place" so there isn't any point in going to a hearing. I think for the cases to be all over the place, some teachers must have prevailed in the argument and would like to pursue a hearing. I don't qualify for any other disability programs, like SSI or STRS and am truly at risk of losing my house this summer if the PD advance doesn't come quickly.
Any other teachers out there with this problem?

[Bummer Knees]

Welcome to the forum!

Work comp is state specific so to give an answer your state is needed.

I am from Kansas and worked as an early childhood teacher when I was injured.

I was injured Nov. 2005, and I also had the summer's off, but I still received TTD year around. Work comp is different in every state and your state may be different.

Do you have an attorney?

[Footster]

Bummer Knees Wrote:Welcome to the forum!

Work comp is state specific so to give an answer your state is needed.

I am from Kansas and worked as an early childhood teacher when I was injured.

I was injured Nov. 2005, and I also had the summer's off, but I still received TTD year around. Work comp is different in every state and your state may be different.

Do you have an attorney?

[Footster]

Thanks for your quick reply Bummer Knees! I am in California and have had the same attorney for 7 years.

Footster Wrote:

Bummer Knees Wrote:Welcome to the forum!

Work comp is state specific so to give an answer your state is needed.

I am from Kansas and worked as an early childhood teacher when I was injured.

I was injured Nov. 2005, and I also had the summer's off, but I still received TTD year around. Work comp is different in every state and your state may be different.

Do you have an attorney?

[Bummer Knees]

Forum member, 1171 is an expert on California laws and should be along to answer your question.

[cjs]

(06-26-2010 10:09 PM)Footster Wrote:  Hi all, I'm new to the forum and live in CA. Been on Worker's Comp TTD since 2003 foot injury that has ultimately involved severe CRPS, plus new injuries to my knee, hip, wrist, elbow, shoulder, hand after many, many surgeries and years on canes and crutches. Anyway, I was an elementary school teacher at the time of the injury and chose to receive my salary for 12 months, although I worked 10 months a year. This is a common choice for teachers who don't want to spend the summer without pay, and the school district spreads out a teacher's annual earnings to provide for the summer.
Since becoming disabled at work, I have spent every holiday and the entire summer with 0 income, as the district says I'm not entitled to TTD for these times since they are a "no earnings period." In the past, I've lived off my savings, but now it's summer again and I have nothing left to fall back on and 4 kids to raise.
The District's attorney says he will authorize a PD advance for the summer (no idea how long that will take to get), but I still wonder whether it is legal for them to cut my TTD to zero over the summer. My attorney says similar cases are "all over the place" so there isn't any point in going to a hearing. I think for the cases to be all over the place, some teachers must have prevailed in the argument and would like to pursue a hearing. I don't qualify for any other disability programs, like SSI or STRS and am truly at risk of losing my house this summer if the PD advance doesn't come quickly.
Any other teachers out there with this problem?

cjs here--You are eligible. See placer county office of education v. WCAB (Halkyard), 60 CCC 641 and Hofmeister v. WCAB (1984) 49 CCC 438, 12 CWCR 155. Also get "California Workers' Comp How to Take Charge When YOu're Injured on the Job" by Attorney Christopher A. Ball These two cases are discussed on page 396. You can also see these if you google for the information. I am having the same issues--and more, but your case seems pretty cut and dried and a repeat of the Placer county case. You may even be able to get penalties. Don't be afraid to appeal--and if you attorney doesn't know this stuff and won't appeal for you, get rid of him and get one that knows what he is doing and has some guts. CJS