Legal Question in Workers Comp in California

I was told by my attorney that my TDD had been approved and that I should received a check in three days. After three weeks with no checks received my lawyer stated that they have not yet file the proper documentation. I have been transfer to three representatives from my lawyers office. What can I do to receive money

Asked on 4/15/13, 8:42 am

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace
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IF your Temporary Total Disability (TTD) Indemnity had been 'approved' by the Insurance company, it would likely take about 5 days to get a check (most come from processing centers in ILlinois and Kentucky).

If you were found Temporarily Totally Disabled by a physician, then the physician's report must be 'served' on the insurance adjuster...and then the insurance adjuster needs to make certain that physician is on the insurer's Medical Provider Network. That might take a couple days. Then mailing the check might run 5 days.

When an insurer starts Temporary Total Disability -- TTD -- payments, the adjuster sends a letter showing why the payment is issued and how the amount of the payment was calculated. If you haven't received that letter, there is no reason to expect any check.

You can apply for state disability Insurance from California at the Employment Development Department -- the EDD. try www.edd.ca.gov and file an application for Temporary Disability.

Then, GET OFF THE PHONE and fax and mail a letter to the attorney advising you are reporting them to the State Bar for abadoning a client if you don't see a written demand to the insurer for disability check and a written response to your demands for temporary disability checks.

I suspect a real attorney has not seen anything in your file, there is no TTD report from an MPN doctor, and there will be no checks, you're just getting 'lip service' from girls in a office paid to get you to hang up and go away for a couple of months.

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Answered on 4/19/13, 5:07 pm

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