Legal Question in Workers Comp in California

If you employer does not have work for you, then you should be receiving temporary disability, which amounts to 2/3 of your income.

Please feel free to contact me at 1.877.505.INJURY if you would like a free consultation, or, go to my website at www.lupofflaw.com to learn more about my services.

Yes. You're label here is "TEMPORARILY PARTIALLY DISABLED".

for just the hours the employer refuses to provide modified duty, you become TEMPORARILY TOTALLY DISABLED and the INSURER (not the employer) pays you 2/3 of the hours wages you missed.

YOU MUST PROVIDE CLEAR DOCUMENTATION to the Insurance Adjuster. She doesn't know the employer is only providing part-time work.

SO FIND THE INSURANCE ADJUSTER'S FAX NUMBER. It will take weeks and weeks to get paid for the missed hours if you just use the POBox for mailing.

PROVIDE A TIME CARD and even a pay check stub (if you have it) showing you only worked -- for example -- 15 hrs that week, so you are expecting 2/3 of 25 hours of wages for that week.

If you just call, you will get nothing until you hire a lawyer and the lawyer requests a hearing. Phone calls get ignored.

If you are on a schedule that you can print or photocopy, copy the schedule and give it to the adjuster, and give a written explanation that the Modified Work was only provided for the few hours on that schedule.

GIVE THE ADJUSTER A DEADLINE FOR PAYING YOU for the missing hours. If you don't give her a deadline, she'll put it in a pile and the calculations will never get done.

HERE'S AN EXAMPLE: 'dear Adjuster, ....

The week of April 16-23, I only worked 19 hours but my average (before this injury) was 40 hours per week, so I have missed 21 hours this week due to this temporary disability.

'I understand that I am due Total Temporary Disability payments for the hours my employer did not provide modified work. Therefore, by Tues., April 31 I must receive 2/3 pay for the missed 21 hours (21 hrs @ $12/hr = $252 X .2/3 = $168) or I'll be filing with the INformation & Assistant Officer for an Expedited Trial and penalties on late temporary disability.

'Thank you for your quick attention to my situation."

FAX THAT AND KEEP A COPY OF THE FAX AND THE FAX TRANSMISSION REPORT.

YOu or an attorney might have to show that to a judge to get the money and penalty ordered.

NEXT: TELL THE DOCTOR releasing you to the light duty thing is creating a bookkeeping nightmare for you and the adjuster and you either need to remain off work completely or be released to a TRIAL FULL DUTY period of just 10 days to see if you can do full duty yet, but no more 'light duty' cuz you'll go broke.

You need to apply for temporary partial disability for the hours you are not working. Feel free to call us at 213.388.7070 for a free consultation.