IC PICK UP TTD

[david8888]

hello all,my case is in:california.i broked my arm at work and filed a claim about a year ago.since then had not received any benefits from wc.had a deposition in 12/10(originally scheduled for 10/10).i have a lawyer that referred me for medical care.i've been on sdi since the incident.well i've exhausted my 52 weeks of sdi benefits.two weeks ago we went in front of a wcab judge to ask for wc ttd benefits.ic agreed to pick up ttd retro as of doi.well after they reimbursed edd,i'm supposed to get a check for the difference of sdi benefits and my 2/3 of my wage.my question is:is there a timeframe or regulations that the ic has to send me the retro ttd difference and to start my first ttd payment.thank you for any and all response and inputs.have a good day

[1171]

was the agreement in writing or ordered by the judge?
you can go back to court and argue that the delay is unreasonable.
if the court agrees they will order a penalty.

[david8888]

thanx for quick reply 1171.it was ordered by judge."minutes of hearing".it's been exactly two weeks since the hearing.so there's no specific timeframe that they have to start ttd?

[Manley2]

I know CAL has it's own set of rules but 1171 should be able to answer on if there is a time frame. I can tell you in my case I won my hearing for this to be under WC and paid that way. But they appealed, took 6 months to get hearing on that. Won that but it still took them 5 months to start paying me TTD. Hope you have better luck

[1171]

(06-14-2011 01:52 PM)david8888 Wrote:  thanx for quick reply 1171.it was ordered by judge."minutes of hearing".it's been exactly two weeks since the hearing.so there's no specific timeframe that they have to start ttd?

minutes of hearing is not a judical order and cannot be appealed or enforced.
the only time frame that might allow for a penalty on a verbal agreement that resolves a dispute or issue is "reasonable" --- in the courts opinion.
if there are no issues then 14 days before they have to include automatic penalty.

[david8888]

thanks for the reply 1171.so by you saying the order cannot be appealed or enforced meaning the ic doesn't have to act on the order?
sorry,i'm trying to have a clear understanding as to what i should ask my "busy" lawyer when i get a chance to speak to him.thanx again to everybody

[1171]

you did not say there was an order.
you just said "minutes of hearing".
that is not the same.
ask your atty if there is an award or an order from the WCAB.
if so then they have 30 days to appeal or pay.

[david8888]

(06-14-2011 06:02 PM)1171 Wrote:  you did not say there was an order.
you just said "minutes of hearing".
that is not the same.
ask your atty if there is an award or an order from the WCAB.
if so then they have 30 days to appeal or pay.

---

in the MINUTES OF HEARING,it was "ordered" in writing that "IC AGREED TO PICK UP TTD AND RETRO TTD".and also do i have to wait for the QME report before ic starts my benefits?thanx again for any response

[1171]

i don't know what the issues were with your TTD benefits.
i assume if they agreed to pay they had everything they needed.
I wasn't there and am giving an educated guess.