Workers’ Compensation, Family Law, Personal Injury, and Social Security cases
Random header image... Refresh for more!

925.776.4500

Temporary Disability Benefits-Know Your Rights

Workin’ 9 to 5…and then some

It is not uncommon these days to be employed at more than workplace.  After all, the cost of living is high in the Bay Area, and supporting a family on one income is not an easy task.  These issues make it even more difficult when someone suffers a work-related injury that renders them Temporarily Totally Disabled, unable to earn the money that he or she so desperately needs.  The person is not only usually precluded from being able to perform the job that is related to the injury, but also is prevented from returning to work at the other job(s).  When this happens, it is important to make sure that the Workers’ Compensation Insurance Carrier is paying you the right Temporary Disability rate.

If you are injured at work and you are temporarily unable to return to work right away because of that injury, you will receive Temporary Disability (TD) benefits.  These are calculated per the Labor Code of California to be 2/3 of your average weekly wage.  You should receive TD payments every two weeks.

However, if you have more than one job, those wages should be included in calculating your TD benefit amount as well!  Let’s say you work at 2 different retailers.  If you are injured on the first job and cannot immediately return to work, you most likely cannot return to the second job either.  The first job alone does not reflect your average weekly earnings, so it is important to make sure the insurance company is including the earnings from the second job as well!

The downside is that if you were getting paid more at the second job (where you weren’t injured), that hourly rate does not apply in determining the TD amount, only the rate of pay at the job you were injured.  The hours from the second job will be added at the hourly rate of the first job.    The big thing to remember is that if you were working more than one job when you were injured, be sure to let the adjuster on your claim (if you don’t have an attorney) or your attorney know, and provide them with the pay-stub/tax-information that can help them determine what the TD rate should be.

Rodman J Martin

April 20, 2010   No Comments. Leave the first comment!

A New Utilization Review System for the End of the Year

By the end of the year the DWC plans to have a new 12 point plan in order to control medical costs.  This is directly correlated with adjusting what will be submitted to Utilization Review.  Many of the treatment requests submitted to UR include MRIs, CAT scans, and physical therapy.  Occasionally if a doctor is not around to respond to UR, they automatically deny the treatment request.  This adds additional money and costs that could be avoided with the 12 point system.

The idea is only unreasonable requests will go through Utilization Review.  In the end costs will go down and UR will become a streamlined process unlike the difficult and costly system is it currently.

For more info go to:https://www.workcompcentral.com/members/index.php?fa=news&id=6c2ccbfa15185dfa068be4fe0d05c411g&state=CA&CFID=17580966&CFTOKEN=89730080

April 5, 2010   No Comments. Leave the first comment!

Pegnim & Ivancich Golf Tournament May 2010

The Pegnim and Ivancich Foundation is a not-for-profit charity founded by Thomas M. Pegnim and Lisa E. Ivancich to provide a method to give back to the Eastern Contra Costa County community.

Though there are many well-developed and organized charities in Central Contra Costa County, there are very few in Eastern Contra Costa County despite the fact that it is the home to 300,000 people.  This is most likely because the community has grown so quickly that charitable resources have not had time to catch up.

The Pegnim and Ivancich Foundation will focus its attention on the needs of the teenage and preteen youth in the Pittsburgh, Antioch, and Brentwood area.  We hope to be able to support individual scholarship needs, extracurricular activities which are in danger of being eliminated, and provide individual support to high achieving scholars, artists, and athletes who lack the financial ability to meet their potential.

We are committed to providing all of the volunteer and administrative needs of the charity without any charge to the charity itself.  Therefore we can state that it is our intention to use 100% of the foundation’s funds in support of the Foundation’s purpose.

We are honored to work with the Lend A Hand Foundation of Oakland in putting on our first charitable golf tournament. One hundred percent of the net proceeds from the tournament will be divided between Lend A Hand Foundation and scholarships for the youth in East Contra Costa County.

Crow Canyon Country Club, a private Country Club in Danville, California, has provided us with the facility at a reduced rate.  We intend this to be a first-class golf tournament, with lunch and dinner provided, multiple prizes included, a raffle, two hole-in-one competitions for $10,000 each, as well as cash prizes and merchandise in the pro shop for the winners of the tournament.

The tournament will be a four man scramble.  Indexes will be factored into the scoring.  Mulligans will be sold.

Since this is our first tournament we do not know whether a “horse race” will receive sufficient support to allow it to be conducted at the end of a tournament.  In the event we have sufficient players sign up for the horse race, we will conduct the horse race at the conclusion of the tournament with pari-mutuel betting.

There will be door prizes, a hosted beverage cart and items up for a silent auction (depending on support).

We are hoping for the support of the workers compensation community in sponsoring holes, prizes, and items for a silent auction.

Any questions can be e-mailed to PegnimandIvancichgolf@gmail.com


March 15, 2010   No Comments. Leave the first comment!

State Mandated Furlough Days May Soon be Gone for the WCAB!

On December 31,2009 a ruling was made against  Governor Schwarzenegger stating that the state mandated furlough days were considered illegal.  The Governor implemented Furlough days for two fridays a month forcing state employees to not work and not get paid.  He then implemented an additional day later on in 2009.  The furlough days were intended to save money from the general fund; however, the employees forced to take furlough days were not paid from the general fund.

Employees affected by this decision come from the Division of  Workers’ Compensation, the state’s Department of Insurance, the Departmentof Motor Vehicles, the Public Utilities Commission and the Transportation Commission.

Employees are now demanding back pay for forced unpaid time off.  A decision has not been made yet.

So if yo have a Worker’s Compensation case, be on the look out for your court date to possibly fall on a Friday!

For more information go to : http://www.workcompcentral.com/1/news/news_print.htm?token=C8730EC60C04B56D6A642D08717377AC1D3E7CD0585373B5E1DEEAA4BF2CAE8D&state=CA&id=0ff472b118a9665b462bf2320996d3eeg

January 5, 2010   No Comments. Leave the first comment!

Do MPNs really save money?

Just read a an article today from workcompcentral.com regarding the cost efficiency of Medical Provider Networks in Texas and California. There was a study done in Texas showing that MPNs actually cost more; however, California has yet to collect any data. One reason being for an increase cost is implenting Utilzation Review and treatment plans within each MPN. This year California will begin a study to see if MPNs do indeed save money.

October 12, 2009   No Comments. Leave the first comment!

Furlough Days for WCAB

In order to save money in California’s budget, the DIR offices will now be closed the 1st, 2nd, and 3rd fridays of each month.

August 27, 2009   No Comments. Leave the first comment!

Good news for those collecting Workers’ Compensation!

Good news!  The Labor Code Section 4659 COLA, cost of living adjustments, begin at the date of injury and not at the time COLA would be applied.  Translated, more money for anyone receiving a life pension.

April 24, 2009   No Comments. Leave the first comment!