Legal Question in Workers Comp in California

To get Temporary Total Disability indemnity payments, you are supposed to provide the adjuster with a Physician's Progress Report ( PR-2 ) every 45 days.

when 45 days goes by from the last PR-2 , the ' workmans comp ' payments could be terminated by the adjuster.

Many adjusters wait a couple of weeks before contacting the doctor to see if the report was just misplaced, then they give up and stop the payments.

The rules state you are to receive written notice of the change in payments within 14 days of them stopping. that means the adjuster has permission to just stop, wait 10 days, then mail out a notice the payment issued 10 days back was your last Temporary Disability payment.

SO: you'll know when the payments are stopping because the adjuster will mail you a notice that you're TTD payments have ended.

KEEP VERY VERY QUIET. don't call the adjuster. don't let mommy or spouse call. never NEVER admit you are in jail. on many of my files, the injured worker went to jail, got out in 11 months, and the adjuster and defense attorney never knew.

IF THE ADJUSTER/ DEFENSE ATTORNEY KNOW you are in jail, they can get an order to compel you attend a defense medical evaluation and when you fail to attend, THEN THEY PETITION TO HAVE THE ENTIRE CLAIM DISMISSED FOR FAILURE TO PARTICIPATE.

So just keep perfectly quiet and hope you get out before the adjuster tries to locate you.