td rate (California)

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Re: td rate (California)

Postby vampireinthenight on Mon Mar 18, 2019 11:25 am

Could D2 be forced to pick up the same rate once D1’s TTD liability terminates under the cap?

No, I don't think so. Even though TD is not apportionable, it does not mean that D2 pays at a rate that pre-existed D2's claim. Grossmont would not support such a conclusion. The most D2 will pay under these facts is $200/wk.
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Re: td rate (California)

Postby LawAdvocate on Thu Mar 28, 2019 10:18 am

TD is not apportionable, it is an issue for contribution at the end of the case where each employer/IC/SI is responsible for their percentage share of the TTD. One employer does not pay their percentage and a second employer pays another percentage, the Defendants either agree who will administer the claim or the AA makes an election.
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Re: td rate (California)

Postby steve appell on Thu Mar 28, 2019 7:35 pm

17 days since my last comment and still no agreement?
LAWAD agrees with me that TD is not apportionable and...
a lot agree that the rate is at least $1000.
So pay the grand per week and litigate the rest.
At least you wont get dinged for a 5813, 5814, & 5814.5.
See ya in another 2 weeks!
6311 Van Nuys Bl #480
Van Nuys, Ca 91401

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