Legal Question in Workers Comp in California

I work for a small HVAC company that I have been at for 25 years and have a back injury and have been placed on modified duty. I am required to work

Saturday to make up for a holiday or work Saturdays at employers request due to increase in workload but there is no modified work on Saturdays only the regular lifting and climbing which I can not due. M-F I am in the shop doing shop work. Can I claim temporary disability payments for these missed Saturdays.


Asked on 5/30/14, 8:36 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

YES, when you worked a schedule with extra pay and the modified duty resulted in a loss of hours, you claim Temporary PARTIAL Disability Indemnity.

Adjusters find it torture to do this math. So they generally just refuse it (and pay penalties at the end of the claim if the worker demands it).

YOU DO THE MATH for your adjuster, and make it quick and clear:

Dear Adjuster:

Before this injury, my AVERAGE WEEKLY EARNINGS ( AWE ) was $900.

On modified duty, because I am refused any Saturday overtime, the AWE is only $750.

I'm losing $150/week, therefore I must have $100/week in Temporary Partial Disability.

I am due this TPD back to the date of my modified duty assignment to the present and continuing.

If I don't get my $100/week TPD by Aug. 1, on Aug. 4 I will be (1) reporting you to the Audit Unit and (2) Requesting an Expedited Hearing and (3) filing a Penalty Petition.

Be PREPARED with check stubs showing you made extra money working Saturdays prior to the date of the injury.

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Answered on 7/24/14, 9:18 am


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