Get PT job and still COLLECT TD PAY (California)

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Get PT job and still COLLECT TD PAY (California)

Postby cawcinfo on Thu May 07, 2020 4:22 pm

If you work with CDCR and no light duty is offered to correctional officers if they can't return to work full duty within 60 days due to work injury, can you seek another light duty job outside of CDCR that doesn't have same job duty requirements and still collect your TD payments? For example: Doctor says you can't run, CDCR says you have to run before you can return to work, can you get a part time job where you just sit behind a desk at a computer and still collect your TD payments from CDCR?
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Re: Get PT job and still COLLECT TD PAY (California)

Postby LawAdvocate on Mon May 18, 2020 8:41 am

No. You subtract the actual amount of earnings from the AWW at the date of injury (or the max number of earnings, if earning beyond max), then the injured worker is entitled to 2/3 of this number and it is called temporary partial disability or wage loss.
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Re: Get PT job and still COLLECT TD PAY (California)

Postby rosellavera on Wed May 27, 2020 8:48 am

Follow up question: panel qme finds applicant MMI with FMC. She continues to treat with her ptp who subsequently finds her TTD. Can she collect it? She wasn't paid TTD during her case.
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Re: Get PT job and still COLLECT TD PAY (California)

Postby feelin'it on Thu May 28, 2020 7:07 am

potentially. It depends which report has greater weight on the issue. Why would the PTP have no TTD until some point after the QME? Was there some change in the medical condition and the QME did not address?
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Re: Get PT job and still COLLECT TD PAY (California)

Postby rosellavera on Thu May 28, 2020 7:11 am

Sorry. There was TTD paid by edd/sdi ptp did an RFA for back sx which was denied and the parties proceeded to a panel QME. FMC in the form of epidural injections but no sx. Since then applicant had a substantial weight gain that has her unable to do much.
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Re: Get PT job and still COLLECT TD PAY (California)

Postby LawAdvocate on Thu May 28, 2020 8:22 am

If the QME finds the injured worker to be MMI and the PTP finds the injured worker to be TTD, you have a triable issue as to which report the WCJ will find to be the most substantial evidence.

I rarely find PTP reporting that is substantial evidence as to TTD in that, you have to prove why the injured worker has not plateaued. The PTP is then responsible for outlining the medical probability that the injured worker will gain in function and ability to participate in ADLs with additional treatment. You are rebutting the definition of MMI - the injured worker's condition is not anticipate to change substantially within the next 12 months with or without medical treatment.

If your PTP cannot articulate this principle in a narrative report as to why a change in condition is expected, you cannot prevail on the issue.

However, having said that, you can take a shot at cross-exing the PQME as to changing his or her mind on the topic if you have ideas about what may in all medical probability lead to a change in the Applicant's condition.

The injured workers get two bites at the apple - perfect your PTP reporting and then cross-ex the QME to impeach them as a physician with flaws in medical logic and/or change the QME's mind.

This is a tough one to litigate, given that our physician went to medical school and did not really want to become involved in medical-legal disputes.

Good luck.
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