PENNEY COMPANY v. WORKERS COMPENSATION APPEALS BOARD (2009) Petitioners J C Penney Company and its insurer American Home Assurance Company, adjusted by AIG Claim Services, (collectively J C Penney) contend that respondent the Workers' Compensation Appeals Board (WCAB) erred in limiting a credit for overpayment of temporary disability indemnity
Basics Of Temporary Disability Overpayment In California Under California law, temporary total disability, or TTD, is defined as a payment of 2 3 of your average weekly wage at the time of the injury These benefits are available when a doctor certifies that you are unable to work because of your work injury or have work restrictions that your employer cannot accommodate
I WANT MY MONEY BACK! - Law Offices of Bradford Barthel When you have a large TD over-payment thanks to a retroactive MMI finding, you stand a better chance of getting the credit allowed so long as it does not have a significant impact on the injured worker’s PD award
TD Overpayment Credit: Is the Candle Worth the Game? If defendant is asserting six weeks of TTD overpayment or $4,800, does that mean advances need only go to $376 50? No! Credit against PD for TTD overpayment can only be asserted AFTER an Order of Credit Taking credit without such an Order can lead to penalties and sanctions What’s more, the credit is not automatic
WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIA . . . do not mandate that there be no credit allowed for TD overpayment for the period from February 16, 2021 through March 1, 2021 in the case of [ADJ12859018] Dr Silbart’s opinions should be afforded great weight as the parties clearly respected his expertise in utilizing him as an AME Although there were some inconsistencies in
PD Overpayments: A Sixty-Second Seminar in Workers . . . Pursuant to Labor Code § 4650 (b) (2), there are two exceptions allowing for non-payment of PD advances where payment would otherwise be owed Both exceptions pertain to injuries after 1 1 2013 where one of the following applies:
J. C. Penney v. WCAB :: 2009 :: California Court of Appeal . . . Petitioners J C Penney Company and its insurer American Home Assurance Company, adjusted by AIG Claim Services, (collectively J C Penney) contend that respondent the Workers 1 Compensation Appeals Board (WCAB) erred in limiting a credit for overpayment of temporary disability indemnity
Credit for Overpayment of Permanent Disability - Sullivan on Comp The WCAB explained that credit pursuant to LC 4909 is within its discretionary authority, and that it may consider weighing the equities between the parties, as well as whether the applicant's compensation award will be seriously impaired if credit is allowed
Please can someone explain to me why, after being declared . . . As a result of a "MMI" finding, unless the Claimant's doctor says NO MMI, the Claimant (you) stops getting weekly indemnity payments because you are now expected to return to work or find new work that you are able to do with your current post-accident MMI status