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WC California
#1
Hi all, so how is it that the IC can just come up with an injury date ? It's cumulative injury over the period of 12 years ? I just found out that the IC is using the injury date of 2016 ,but I've continued to work until 2017,so their payments are for the year 2015 ,how's that even possible? I've sent my W-2 for 2015,2016 and 2017 plus paycheck stubs to my attorney. I was on a salary weekly ,not hourly, but yet thier paying for 2015 rates .this is unacceptable and shady at best .my attorney seems to think that at least I'm getting my TD payments, but the wrong rate .I thought they go off of your last paycheck, not just pick a date .what a broken system. ...

Thanks
 
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#2
So they are paying you for lost time in 2015 based on an injury in 2016?
You were disabled before you were injured?!
Very difficult to explain such upside down facts
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........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
P.S. is their another carrier or employer involved?
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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#4
“5412. The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment.”
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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#5
1171, thank you for your response, claim form has 2006 to 06/2017, my employer knew at the end of 2016 of my injury, was out of work for a month in December 2016 until January 2017. No other employer, I just find that the date the IC is using was before the injury, but all the same I was a salaried employee and the rate thier paying me for was from the year before and was hourly. I know it's just so unjustly at this point, of course I'm happy they've began to pay TD after 2 years but I'd like the correct rate ,hopefully I'm understanding this.
Thanks Again
 
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