Do I deserve a Penalty payment? (California) (California)

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Do I deserve a Penalty payment? (California) (California)

Postby Luckyazkd9 on Wed May 08, 2019 4:27 pm

I was injured in the year 2000. Third party admin. based my TTD pay on a 137 day earning record. I question the amount of TTD pay immediately and submitted all forms of documentation via my AA to dispute their findings. I was a straight commission employee for over 30 years. I even provided my 1999 W-2 form which I felt reflected my 12 month earnings since I was injured in January of 2000. If it's good enough for the Federal government then it should qualify as my last 12 months earnings. In 2005 my employer fired me because I turned 65. I had not able to return to work as two failed Lumbar surgeries left my physically disabled. I immediately put in a claim to be paid for my unused vacation hours. Upon receipt of my unused vacation pay I broke it down to an hourly pay basis. I asked my AA for a Hearing at which I presented an hourly base, daily 8 hour base, weekly base and a yearly base. Defense agreed I had been shorted and requested I receive back pay of over $8000. It was paid. Hourly calculation surprising was close to commission earnings. As every person who works straight commission I can tell you to the penny what my earnings should be.

Shouldn't the employers, third party admin. have added a penalty amount?

I worked for a major company and for the third party admin. to claim the 137 day record was all they could obtain is evil. My buddies in the Payroll dept provided me with all types of proof which was submitted via my AA.
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