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Can carrier ask for TTD credit in settlement- CA
#1
I tore my rotator cuff on 9/25/09. My shoulder was operated on 9/24/11. I was paid TTD for two years ending on 2/1/12. During this process i went to a qme. I was P&S March 2012. The carriers attorney had the qme write another report during March of 2013. In that report he says that except the 4 months after my surgery I could have worked modified duty. After i got that report I got a letter from my work indicating they did not have modified duty. Now i want to settle and they claiming a credit for TTD i got paid because is could have worked modified duty. Can they pull this after the fact. It doesn't seem fair.
 
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#2

they can claim whatever they have evidence for.
use your employers statement as your evidence. disputes are what litigation is all about.
you probably have an atty.
it's a bargaining chip that they will use during settlement negotiations.
leave the negotiating strategy to your atty.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I've been through td issues before. If you have a letter, and you should, indicating final payment of ttd, the letter should read, "This end's ALL TTD issues" Then ttd can not be addressed again, this includes ALL under/over payments.

This is what the ruled against me.

They screwed me out of over 25,000 dollars. The da tried to claim an over payment of 2.000, but the judge ruled the same way.

Once ttd issue have been resolved, they cannot be addressed again.

May not be true in your case. All cases are different.
 
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