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occ lung disease in ca - Printable Version

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RE: occ lung disease in ca - 1171 - 05-23-2020

Do you think your atty is angling for an early full settlement buyout rather then benefit start up?


RE: occ lung disease in ca - christofear - 05-23-2020

good question, im not sure as he knows i need treatment. but the delay in benefits puts it out to about the same time the final report should be complete. i think its strange that i recieved a delay for ttd benefits and an approval letter dated the same day. im clueless to all this workers comp stuff. attorney did say that they are waiting for final report to see what dr says about what kind of treatment i will need.


RE: occ lung disease in ca - 1171 - 05-23-2020

(05-23-2020, 03:30 PM)christofear Wrote: good question, im not sure as he knows i need treatment. but the delay in benefits puts it out to about the same time the final report should be complete. i think its strange that i recieved a delay for ttd benefits and an approval letter dated the same day. im clueless to all this workers comp stuff. attorney did say that they are waiting for final report to see what dr says about what kind of treatment i will need.

Yup you are right. how the comp is handled is best decided once you have the bigger picture___ treatment wise. Good recovery is often the best goal. Hopefully the report will help with your choices.


RE: occ lung disease in ca - California_Help - 05-29-2020

(05-10-2020, 01:19 PM)christofear Wrote: ok so i recieved another delay notice in the mail. It says that although liability has been accepted i cannot pay you TTD benefits because there is no medical report taking you off of work on an industrial basis. Ok so this gets my blood moving the wrong way. because i have been seeing doctors they have sent me to for the last 7 months. and i know for a fact that my PTP has me off of work. I also have a SDI claim open just because the doctor has me off of work. So this adjuster is just delaying things another 30 days just for spite because i know she has the report on her desk. Can someone please explain whats happening.

Do you have copies of the reports that state off work and that you are TTD? Your doctor needs to write this in his reports every month for TTD to continue. I recommend to ask your attorney about this and also discuss with your doctor to make sure he is incorporating this in his reports.


RE: occ lung disease in ca - christofear - 05-29-2020

i don have the report personally but the doctor(my PTP) does have me off of work indefinately. I have an open SDI claim with the state of california, although i didnt earn enough to draw anything off of it, and on the doctors portion it states he does not plan on returning me to work as my condition is permanent. I have a notice from the IC accepting liability for my injury. but also the same day i got that notice i also got a 45 day delay notice for TTD benefits. The initial QME report says my injury is caused by my occupation. but as of right now we are waiting for the final/supplemental report. in the meantime i think that the delay is unnessasary. 1171 is right what good is an accepted claim with no benefits. its been 30 days since i recieved approval notice. can somebody explain in laymans terms what is a final/supplemental report ?? thanks.


RE: occ lung disease in ca - California_Help - 05-29-2020

I still recommend asking for a copy of his report(s). I can't tell you how many times injured workers have written their doctor took them off of work, only to find some issues when reading his reports. You can also request a TTD note from your doctor keeping you off of work and fax it to your adjuster yourself. While he may have filled out state disability forms, there is always a chance he may not be writing you off TTD every month. Maybe he is (I don't know). It is always good to trust but verify. You are the one who cares the most about the TTD. I think it is well worth asking for a copy of his reports. You can also request a copy of the fax/mail confirmation that it was sent to your adjuster. I have also seen instances where it was sent to wrong insurance company (one example). The injured worker only found out after requesting these documents from the doctors office. I have also seen doctors tell injured worker to remain off of work, but write the injured worker is MMI/P&S which means no TTD.

Your attorney should be helping you with this, but many are too busy.

If you have any questions I can try to help (as a non expert). I may be wrong and your doctor is doing everything right. If that is the case you will need to discuss your options with your attorney on how to get paid TTD. Sometimes the issues has to go to a judge and sometimes the attorney will leave the issue to the end when he settles. Your QME may also opine on dates of disability/TTD. If the QME writes you are MMI (permanent and stationary) or if your doctor writes this, it means TTD stops.

I am sorry you are going through this. Best to you.


RE: occ lung disease in ca - christofear - 05-29-2020

So i have a question for the pros. so i took my deposition recently and got drilled with alot of questions from past employment. Why would the defense attorneys start bringing in insurance companies from places i worked prior to the last company i worked for??? is this a good or bad thing??? what are some of the reasons they do this? isnt there a statute of limitations in years???


RE: occ lung disease in ca - christofear - 05-29-2020

am i going to have to depositions for all of the insurance companies??


RE: occ lung disease in ca - 1171 - 05-29-2020

california limits contributory liability generally to the last 5 years.
those carriers that want a deposition should participate in a single one.


RE: occ lung disease in ca - christofear - 05-29-2020

is that 5 years from date of injury or 5 years from date claim was filed?