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I am from California and I have a settled case, 40% disability. I went back and had extra work done on my knee. After a AME re-evaluation, the insurer has agreed to 45% via a STIP. My original STIP was paid out as a lump sum. Now, the insurer says they will not start my PDI for the remain 5% until such time that would have passed had I not received a lump sum for the first 40%. This means they want me to wait over 9 months before they start making PDI payments? I asked why LC 4650 (PDI within 14 days of discover and every 14 thereafter) does not apply but they have no answer. Am I missing something here?
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It is my understanding they do not have to advance you PD payments without an award for PD after 1/1/2013. Since the lump sum covered PD for a certain time period, paying you early would be advancing PD payments. I would check this with an attorney or I&A officer to make sure. I am no expert. Hopefully 1171 will se this.
https://law.onecle.com/california/labor/4650.html
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
Posts: 1,593
Threads: 82
Joined: Jan 2014
"see" sorry typos
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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4650 applies to the first payment. this is not your first payment.
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