under paid ppd benefits (California)

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under paid ppd benefits (California)

Postby guilloh on Sat Jun 29, 2013 5:53 pm

Hello.I am proper,A finding and award issued by judge on 2/2013 for xx,xxx.xx amount.The CA underpaid ppd benefits and refused to send a benefit printout. Secondly, i have all the check copies that state i was under paid by ca. what are my options? :(
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Re: under paid ppd benefits (California)

Postby vampireinthenight on Mon Jul 01, 2013 8:32 am

Hi,

There are a couple of possibilities. The first is that there were prior advances, but you seem certain that there were not enough advances to cover the award. Another possibility is that the PD is not all "due and payable" yet. If that is the case, the remainder of the PD will be sent to you every 2 weeks until it is all paid out. It would be paid somewhere in the range of $200 per week, but could be a little more or less.

Was there any credit awarded to the other side, ie a "credit for temporary disability overpayment"?

You should submit a request for the benefit printout in writing and keep going until you get it. That will clear things up for you. Ask the I&A officer for help. Good Luck,

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Re: under paid ppd benefits (California)

Postby guilloh on Mon Jul 01, 2013 10:30 am

Hello, i have a print out for 2011 can i use that as evidence. Ihave a second question can i file for a hearing .
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Re: under paid ppd benefits (California)

Postby vampireinthenight on Mon Jul 01, 2013 12:14 pm

Yes, but you should see if the I&A officer can explain first. A hearing might not be necessary. A current printout could show what is going on. It will show what I am assuming was some amount of "lump sum" payment after the F&A, but more importantly, it will show what dates the payments "cover". I am wondering if you are perhaps brought "current" with your PD payments, but you still have some owing which is payable on a weekly basis.
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Re: under paid ppd benefits (California)

Postby suekarp on Tue Jul 02, 2013 6:17 am

I have to correct Vampire. PD benefits are paid on a bi-weekly basis. Look through all of the notices starting and stopping both TD and PD. The IC/ER should have mentioned an overpayment, something stating something like, "there is a temporary disability overpayment in the amount of $xx.xx. We will assert a credit against any future PD benefits that you may be awarded."

Since you have a Findings and Award, review that carefully to see what benefits the trial judge awarded you. If you have not gotten everything that he/she awarded you, then please follow Vampire's advice and go see the I&A officer. Their job is to help you collect all that you are do.

Best of luck!
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Re: under paid ppd benefits (California)

Postby rosellavera on Tue Jul 02, 2013 9:26 pm

If you have a case number I can help you draft a Declaration of Readiness to Proceed. Send me a private message.
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Re: under paid ppd benefits (California)

Postby guilloh on Wed Jul 03, 2013 6:20 pm

I want to thank you already done DOR..
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Re: under paid ppd benefits (California)

Postby stevepsca on Mon Jul 08, 2013 7:12 am

A finding and award issued by judge on 2/2013 for xx,xxx.xx amount.
Why wasn't this brought up at trial... IMHO, you're going to find it difficult to go back for additional/unpaid PPD once a judge -has issued a F w/A&O. You have an "award" that resolved all issues.
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Re: under paid ppd benefits (California) (California) (Californi

Postby guilloh on Mon Jul 08, 2013 10:06 pm

HELLO, THE appeals JUDGE found in my favor and Awarded a HIGHER PD WITH 15 PERCENT INCREASED to be paid immediately.
. THE CA SEND A LETTER LAST WEEK stating on paystub FINAL PD. I HAVE BENEFIT PRINTOUT AND NOTICES that i AM BEING UNDERPAID. The remaining ppd payments should be payable due to the appeal judge?
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Re: under paid ppd benefits (California) (California)

Postby vampireinthenight on Sat Jul 13, 2013 10:52 pm

It depends on if you are correct. If you have been underpaid, then you will be paid. If not, then you won't.
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