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end of wc benefits question - Printable Version

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end of wc benefits question - highdesertguy - 07-19-2010

hello every one, I have not been here for some time
dealing with bad pain,I got hurt at work in july 2008.
I got state disability payments while my employer insurance.
investigaded my accident to see if it was work related.
they approved my case in january 2009(6 months after)
they sent me a check for 3.000 then they began payments
every 2 weeks,today I received my check for half.
of what they used to send me,my question is could this be a final check?,I was under the impression they would pay me
104 weeks,and if they approved my case in january 2009.
shouldnt they payme until january 2011?
I have not received any letter ainforming me
this is my final check..thanks for your help.
according to my doctorI wont be returning to work at all.

RE: end of wc benefits question - Bad Boy Bad Boy - 07-19-2010

Sounds like they paid from date of injury which would be July 2008 to current, and maybe why they paid you #3,00.00, was for the back payment to that DATE of injury.

RE: end of wc benefits question - kate - 07-19-2010

I think you may be right about the 104 weeks running until Jan 2011 because of a case that states "the 104-week/two-year limitation period begins (i.e., it "commence[s]") on the "date" on which temporary disability indemnity is first paid (i.e., the "payment"), and not on the date for which it is first owed."

I'm not sure though. 1171 is the California expert and should be able to give you a better answer.

RE: end of wc benefits question - Bad Boy Bad Boy - 07-19-2010

I think you might of mis-calculated is all. Why the $3,00.00, as that is back payment, to July 2008 correct? That money just wasn't a gift if you know what I mean. That money was payment for something. Being said, your 104 weeks would end this year correct?

RE: end of wc benefits question - 1171 - 07-19-2010

they could have been informed by a doctor that you reached MMI or are permanent & stationary.
the fact that the doctor told you no return to work leads me to believe that they are taking that as an MMI date.
kate is correct that the 104 week time clock starts from the date of first payment not the earliest due date.
send them a letter requesting full TTD payment. keep a copy. this will document any penalty request you may wish to file later.
contact sdi to restart payments until the issue is resolved.