Legal Question in Workers Comp in California

Rights while receiving TDD

I am a sales employee with base plus commision and bonus. I was off for 8 weeks recovering from a W/C injury. While off I spoke every day to the person covering my area, in essence, providing direction. Am I entitled to any commision and/or bonus since it was my direction that maintained my sales quotas? After I returned I was told by another employee that my employer should not have contacted me while off and since they did I was entitled to compensation. Thank You.


Asked on 11/04/08, 5:31 am

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: Rights while receiving TDD

This can be tricky. You cannot receive salary and Total Temporary Disability (TTD) at the same time. It is one or the other. I assume you are receiving TTD. If you are able to work, either from your home or at the ofice, you may not be truly TTD. I would not push the issue as you may lose both.

I think it is commendable that you continue to "help out" and it shows loyalty and committment to your position. May be good for your evaluations, but I would not try and take advantage from a monetary stand point.

Feel free to contact me at my email address which is:

[email protected]

Good luck, below is my Firm name and address, you may call me directly if you have any further questions.

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Answered on 11/07/08, 6:08 am


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