Legal Question in Workers Comp in California

Temporary disability over payment due to a clerical error.

If the employer over pays the employee on every single temporary disability check given during a 6 month time frame does the employee have to pay that money back? If so can they take the full amount out of my first paycheck once I have returned to work?


Asked on 2/11/09, 7:11 pm

2 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Temporary disability over payment due to a clerical error.

The payback requirement depends upon the court's interpretation of fault. Sometimes the court will allow credit for overpayment against Permanent Disability benefits, or the court may allow credit for overpayment from any future TTD that is owed. However, in no circumstance except fraud will the court require the overpayments to be taken from wages.

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Answered on 2/12/09, 11:32 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Temporary disability over payment due to a clerical error.

Paying back TTD is upto Judge and not automaticaaly required. Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 2/12/09, 1:39 pm


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