Why Wage Loss (TD) Stops in a California Work Comp Case?

Wiesner English, P.C.

Imagine being injured so badly at work that your doctor tells you to stay home. Or, your doctor gives you work restrictions and your employer cannot meet them. You should get paid until you can return to your job or another job. Right?

While that makes logical sense, unfortunately, few things in a workers’ compensation case follow logic. If you are injured at work and cannot work (in either situation above) due to your work injury, you should be entitled to two-thirds (66.6%) of your average weekly wage (see, how to calculate your wage loss rate). We call this temporary disability or “TD” for short. Except in very rare situations (e.g., amputations, severe burns, etc.) TD stops by operation of law after 104 weeks of payments or after five years from the date of injury. Whichever comes first. Further, any day you are paid (even if just an hour) for missed time from work counts as a full day towards the 104 week cap.

Lost wages can also be stopped when a doctor returns you to work full duty (even if there is not job for you to go back to) or if you are deemed medically stable. This is called being either Permanent and Stationary (P&S) or at your Maximum Medical Improvement (MMI). If you are having issues with your TD stopping too soon, give us a call. Consultations are ALWAYS fee.

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