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  1. #1

    Default How to Get Back TTD Pay

    My question involves workers compensation law for the state of: California
    I had an injury almost 5 years ago. In 2015 I quit my job because I could no longer work due to the pain. In the meantime, I ended up moving out of state. To this day, I still have not received a new doctor or any money from TTD because I didn't go to a new doctor. When I moved to the new state I called my attorney, emailed my attorney and he never got back to me in regards to an MPN list. I have been out of work for over 2 years now and my attorney is telling me since a doctor never signed off on TTD that I won't be eligible for it. I feel like its my attorney's fault for not returning my calls. He says, regardless, it was up to me to find a doctor and that there was no MPN list. I checked my records and there was an MPN list but since it was out of state he would have had to get a doctor approved from the claims administrator. He claims that's not the case. What recourse do I have in this situation? Am I screwed? I am still getting worse because nobody can get me a doctor apparently since it is out of state.
    Just a tidbit about my attorney: I am reporting him to the bar over four other offenses. Not sure if hes incompetent or just lazy. Too late to switch since I am supposed to be getting PDA(?) payments soon? I don't know how that happened or how they came to that all I know is I am now P&S and I didn't see a QME for 2 years after my last visit. My QME even asked me why it took a year and a half for me to come back to him and I told him"My attorney lost the report and didn't know I had to go back"
    Also, if anyone knows, is Work Comp entitled to a lien on a Personal Injury settlement if the PI settlement is for Pain and suffering, not medical or back pay?
    TLDR; Two and a half years with no doctor and no pay. What do I do I need some type of WC benefit!

  2. #2
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Back TTD Pay

    get the QME to give their opinion on your Past TD status.
    you can switch attys at any time; there will be single fee shared among them.
    you still have the right to file malpractice v your lawyer.
    subrogation doesn't work that way. the third party is liable for all the damages including medical & wage loss and comp is entitled to their reimbursement. they can't stiff the employer by just paying you for pain and suffering.

  3. #3

    Default Re: Back TTD Pay

    Hey,
    Thanks for your reply. I have to borrow money to pay for a bus to bring me to the doctor which is 2 and a half hours away and its at a walk in clinic that doesn't take appointments. Its the only doctor that agreed to see me out of state. I am going to bring some snacks and stuff because I can't take time out to eat since I will be without a car once I get there and I don't want to miss my bus back.The reviews for the walk in clinic say the average wait time is 4 hours. I will either walk from the bus station to the clinic or the Nurse Case manager will try setting up a car service for me once I get to the city. However, if that fails I will be walking. It will be close to a 13 hour trip when everything is said and done. Attorney thinks everything is fine and dandy. Work Comp is beyond frustrating! Hope my back doesn't seize up from the long, exhaustive trip. At least I am seeing a doctor, although its not an orthopedist its still a doctor!

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