Are Partial Disability Payments Retroactive

[lexisnana]

My question involves workers compensation law for the state of: California
I have been dealing with State Fund for 3 1/2 years. My TD stopped a year ago this past June. They did NOT pay me PD as they wanted me to see a QME - The QME has now confirmed that I am P & S due to my injury. My question is, does State Fund have to pay me retro PD payments? I was also told they have to include a 10% penalty fee to that amount? Is this true? if so, how long do they have to begin PD payments or can they withhold this until settlement?
Thank you all for any and all info you can provide to me.

[greentree]

yes, the number of weeks depends on your rating. they are allowed to take credit for any Temporary Disability over payments or any advances.
if you have an atty they have to withhold enough to cover the possible fee.
Failure to make timely payments makes them subject to automatic and court imposed penalties.
the automatic penalty for delay is 10%.
payment and penalty is due within 2 weeks of the ending of TD or notice of existence of Permanent Disability.