Figuring Actual Income for TTD benefits

[st. clare]

state: California----Can a WC insurance company disregard paycheck earnings when figuring TTD benefit amounts? Mine disregarded 3 paychecks which is a considerable amount when it comes to weekly benefit amounts. My lawyer is investigating why, but I was curious as to how they can do this

[1171]

Yes, if they can show their calc is better predictor of what you would have made had you been working for that period.

[kit]

1171 Wrote:Yes, if they can show their calc is better predictor of what you would have made had you been working for that period.

I worked in a hospital and had to be on call for my position which gave me an extra $200 a week and would usually have anywhere from 6-15 or more hours of overtime each pay period. This was not put into the calculations of my salary, just my base pay.