TD Benefits

[RatCPH]

What is the name of your state (only U.S. law)?
California.

My sole practitioner is way too busy to assist me and I don't know what to do.

Initial w.c. claim included "bi-lateral wrists". Had left carpal tunnel surgery, declared P&S six months later with work restrictions (work only 4 hours a day) and recommend future medical care re ortho-reevaluation. Then, 3.5 months later, both hands got worse, EMG showed left carpal still present and borderline carpal right...Stopped working, case not settled, sent to new doctor, receiving P.T., etc., but insurance company is ignoring me to date and has not picked up any additional TD benefit payments since having had to stop work. What can I do short of dismissing my attorney. Am I entitled to the continuation of TD payments. I am not working, insurance company has received medical reports... (Note: my employer has yet to terminate me, but that's only a matter of time...)
What is the name of your state (only U.S. law)?

 

[Willlyjo]

What is the name of your state (only U.S. law)?
California.

My sole practitioner is way too busy to assist me and I don't know what to do.

Initial w.c. claim included "bi-lateral wrists". Had left carpal tunnel surgery, declared P&S six months later with work restrictions (work only 4 hours a day) and recommend future medical care re ortho-reevaluation. Then, 3.5 months later, both hands got worse, EMG showed left carpal still present and borderline carpal right...Stopped working, case not settled, sent to new doctor, receiving P.T., etc., but insurance company is ignoring me to date and has not picked up any additional TD benefit payments since having had to stop work. What can I do short of dismissing my attorney. Am I entitled to the continuation of TD payments. I am not working, insurance company has received medical reports... (Note: my employer has yet to terminate me, but that's only a matter of time...)
What is the name of your state (only U.S. law)?

Has your employer accepted your initial injury to both wrists? Were you getting Temporary Partial Disability while working part-time? If you are off of work and they are not paying you the TTD benefits you are eligible for, then you need to have the paperwork filled out that will allow you to get State Disability (SDA).

Your employer cannot fire you if you are eligible for FLMA benefits. Then if they terminate you after FLMA runs it's course, you will be paid a higher PD rate and your employer will have to provide a voucher in an amount up to 10,000.00 to pay for schooling which would allow you to train for another career.

Your priority right now is for you and your new doctor to fill out the paperwork that EDD requires, so you can get your disability payments from the state. Do not fire your lawyer since he is dealing with the insurance company as good as any other attorney would. Good luck!

 

[canhelp]

you were declared P&S from your original injury, no TTD is due.
are you TTD or P&S? which doctor's opinion is correct?
there also maybe an issue as to whether there has been an aggravation/new injury or you were incorrectly determined to be P&S from the original injury.
have you filed a new claim?

you may need an Agreed Medical examiner to provide evidence on those issues.
in the mean time you should file for state disability insurance.
you can switch attys if you believe you'll be better served by some else.
the atty fee will be shared.