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  1. #11
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: How are Retroactive TTD Benefit Calculated

    No lawyer is going to guarantee anything. In fact, if you find one that will I suggest you run away.

    Work comp lawyers simply do not turn down work comp cases without one of the two things I mentioned and as I said I don't think it is #2.

    What calling you idiotic says about me is that I am tired of seeing your posts on 4 or 5 different forums with mangled, nonsensical or contradictory information.

    Go get a lawyer or simply wait and see what happens.

  2. #12
    Join Date
    Aug 2013
    Posts
    284

    Default Re: How are Retroactive TTD Benefit Calculated

    Dumb question, but what does termination for cause have to do with a WC claim?

  3. #13
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: How are Retroactive TTD Benefit Calculated

    Not a d^%% thing.

  4. #14
    Join Date
    Jul 2018
    Posts
    115

    Default Re: How are Retroactive TTD Benefit Calculated

    Quote Quoting DAWW
    View Post
    Dumb question, but what does termination for cause have to do with a WC claim?
    Thatís what I said too

    Quote Quoting PayrolGuy
    View Post
    Not a d^%% thing.

    Payrolguy, my return to work status says no lifting more than 20, no sitting, no standing more than 1 hour. I donít have a job to return to. Would that be ttd or tpd?

  5. #15
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: How are Retroactive TTD Benefit Calculated

    You get TTD if your employer doesn't have suitable work.

  6. #16
    Join Date
    Jul 2018
    Posts
    115

    Default Re: How are Retroactive TTD Benefit Calculated

    Quote Quoting PayrolGuy
    View Post
    You get TTD if your employer doesn't have suitable work.
    Thanks payrolguy, my thoughts exactly. Which begs the question as to why the judge couldnít make a decision?

    He wanted to see the new qme report before making a ruling. Iím not an attorney nor a judge but does pqme typically change ttd reports from two other doctors? I just donít see how this would make any impact because he was the one that told me that I can be mmi then ttd after mmi date. Iím entitled to 104 weeks within 5 years of date of injury. There plenty of doctors reports and while I was arguing with him about sdi benefits, he rebuttal with, ďthe reason the carrier are not paying benefits is because my claim is denied.Ē The defense attorney immediately told him that my claim is an accepted claim.
    He still couldnít make a decision and suggested a continuances. Iíve been told that the judge does not order an msc and the defense is likely the party that requests it. I donít recall hearing the defense requesting anything that day but he gave me the court date anyways. Iím hoping Iím wrong and this is normal procedure but Iím having a hard time believing itís normal.
    This delayed allowed the defense to write an advocacy letter and submit videos to pqme. Now theyíre upset with the works restrictions and wants to ask the pqme if he viewed the video. Can they contact him? If your curious why I know, itís because the cell phone these days have really loud speakers.

  7. #17
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: How are Retroactive TTD Benefit Calculated

    The judge has to have all the information before they rule. There was a reason for the second QME and that reason was that the first one died and can't be cross-examined.

    Without you having a lawyer and representing yourself I'm willing to bet much of this case is "Not normal".

    You had better hope they can contact him because if they don't and the QME files a report that doesn't have all the information that was available the report could be thrown out and yet another one ordered.

  8. #18
    Join Date
    Jul 2018
    Posts
    115

    Default Re: How are Retroactive TTD Benefit Calculated

    Quote Quoting PayrolGuy
    View Post
    The judge has to have all the information before they rule. There was a reason for the second QME and that reason was that the first one died and can't be cross-examined.

    Without you having a lawyer and representing yourself I'm willing to bet much of this case is "Not normal".

    You had better hope they can contact him because if they don't and the QME files a report that doesn't have all the information that was available the report could be thrown out and yet another one ordered.
    Quote Quoting PayrolGuy
    View Post
    The judge has to have all the information before they rule. There was a reason for the second QME and that reason was that the first one died and can't be cross-examined.

    Without you having a lawyer and representing yourself I'm willing to bet much of this case is "Not

    You had better hope they can contact him because if they don't and the QME files a report that doesn't have all the information that was available the report could be thrown out and yet another one ordered.
    How can they throw out his report if they were the ones who provided them. Iím sure theyíre upset with the work restrictions but Iíve seen the video and the restrictions are in line. No lifting, bending, and no sitting and standing more than an hour at a time. Itís not my fault theyíve exaggerated the video to make it look like Im doing some thing Ive told them I couldnít do. I told them I can do any job that is available and Iím willing to try it as long as someone is willing to hire me.
    They suggested for me to lie to potential employers. Iíve been to several interviews, if they ask me why I separated from a job I worked for 8 years, Iíll tell them the truth. I donít know what the employer will tell them if they call for reference. Iím sure it wonít do me any favors if I made up a story or refuse to answer.

    Iím not sure what the report will say but the IC told me a few weeks ago that I was approved for pain management. Iím not sure what that is but I guess they agreee that I need more treatments.

    Now that you mention it, letís say somehow they were able to contact him and get him to change his report. Could I request a new panel? The reason I say this is because the first Qme reported the same thing, then he retired suddenly. Of course I have emails from IC attorney threatening to send the video to that pqme if I donít settle. Then I have emails stating that they never sent the video to qme and only to ptp.

    Yes, I agree that my case is not normal. Itís not normal because I put my trust in the wrong people. I trust that the board will assist me. I know Iím up against experts that knows how to bend the law to their advantage. I have no fire power and Iím only armed with the feedbacks from these forums. Believe it or not, even they negative feedbacks has helped me in some way. I know Iím beyond my 100 free questions and Iím feel a little ashamed to be a beggar and get a free meal. For me, itís about surviving so I have to be a little thick-skin or Iíll die of starvation. Thanks to all the generous people that has provided me with not just knowledge but a form of communication that has kept me sane.

    Thanks payrolguy!!

  9. #19
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: How are Retroactive TTD Benefit Calculated

    They can throw it out because the QME isn't around to cross-examine.

    Follow this link for QME related questions. https://www.dir.ca.gov/dwc/medicalunit/faqiw.html

  10. #20
    Join Date
    Jul 2018
    Posts
    115

    Default Re: How are Retroactive TTD Benefit Calculated

    Quote Quoting PayrolGuy
    View Post
    They can throw it out because the QME isn't around to cross-examine.

    Follow this link for QME related questions. https://www.dir.ca.gov/dwc/medicalunit/faqiw.html
    You mean the qme that retired? Iím a little lost. Iím sure heís not going to cross examine.

    I was just recently evaluated by a second qme. His report hasnít been sent yet. I only saw the return to work voucher. The IC provided sent me an email so Iím not sure where they got it from.

    Or do you mean the IC can object to it and request another panel? If this is an option, doesnít it just make the qme process pointless?

    I donít know what the report will say but I donít want to throw it out. Unless he somehow changes his mind and write a report that the IC wants to see. Iím not sure he will care about their advocacy letter or threats because he was very thorough. I think it was over an hour. He measured everything 2-3 times. Unlike the first qme where I was there for 10-15 minutes. He never measured anything because his arm was in a sling.

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