This doesn't sound right to me! - Printable Version
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This doesn't sound right to me! - chrischris - 11-18-2010 02:17 PM
Second time "informal" settlement meeting was cancelled via phone call on my way out the door.
However, AA spoke to DA and here is the jist:
Demands on settlement letter are acceptable to DA, except TTD issue on Stress Claim. (2nd claim following injury)
I was out of work 16 months for the stress, and used sick leave and vacation leave; a total of 302 days. Claim had been denied in 2007. I retired in 2009, after returning to work for 1 year. Claim now acccepted about a month ago.
If I had not used my accrued leave, it would have been applied towards my retirement service credit. V/C leave would have been paid out to me.
I/C is saying that by using my S/L and V/C leave, my employer paid me "salary continuance" and doesn't want to back pay the TTD, only the mileage.
My understanding was salary continuance is when WC pays The TTD to your employer at 2/3's your salary and you are credited with 1/3 of your 8 hr. day.
Little upset! I'm flexible and only want what is fair and honest and not to be stepped on anymore.
Labor codes, Other information welcome.
Maybe I'm missing a step here. It wouldn't be the first time.
RE: This doesn't sound right to me! - 1171 - 11-18-2010 03:07 PM
you can tell them you'll accept as salary continuance if the employer will restore your leave hours and buy them back at your last wage rate.
you should not lose both your TTD and your accrued leave; they should choose one or the other.
RE: This doesn't sound right to me! - chrischris - 11-18-2010 08:16 PM
So true 1171. Did end up meeting with just AA this afternoon and worked up what is actually owed in TTD.
When demand letter was send we gave two options on back TTD: 1, to reinstate my accrued leave and then apply to retirement credit or 2, pay me directly. They can't use my leave, and keep the TTD. Geeze! It doesn't take a rocket scientist to figure that one out!
So.............we wrote the corrections on the agreement that I/C faxed over and now will have to wait and see what's next.
Thanks for your help!
RE: This doesn't sound right to me! - 1171 - 11-18-2010 08:46 PM
are you doing a C&R or a stip with award?
RE: This doesn't sound right to me! - chrischris - 11-18-2010 09:17 PM
Stip with award. What in your opinion would be the best route to take? AA fees being pd by I/C as they filed both applications.
RE: This doesn't sound right to me! - 1171 - 11-18-2010 10:35 PM
good job with a free atty!!!
that doesn't happen often.
with an award there are a couple options other then the periodic payments.
you can have them commute payments off the far end so you can get some or all of the pd in a lump sum but even better is to stipulate that the pd is to be paid "forthwith". that way they don't retain a fee for the interest lost - they just pay all the pd in one check.
it's up to them whether they'll agree but talk to your atty about adding it --at worst all they'll do is say no.
also if there are any particular medical treatments that might be a sticking point in the future you should specifically include them so that they are basically "pre-authorized" in writing as part of the stip agreement and they can't change their mind.
also once you have an agreement then demand a lumpsum advance before you sign as a sign of good faith or a signing bonus or just a christmas present.
with the holidays coming the paperwork, approvals and payment will likely take awhile .
after you sign you have little clout or leverage for requesting anything so include it now....
RE: This doesn't sound right to me! - chrischris - 11-19-2010 01:25 AM
So this stip isn't as cut and dry as I thought it might be. Good to know. I doubt I will ask for an advance since I've already received approx. 20k in advance PD payments and haven't touched it. I've been putting all PD and most mileage checks away for a rainy day.
My AA was very surprised the fees weren't disputed. Like you, he said that doesn't happen often.
Paying forthwith is very interesting. Never heard of that before.
As usual, a wealth of information. Thanks 1171, and enjoy the holidays.
RE: This doesn't sound right to me! - chrischris - 11-20-2010 07:01 PM
1171, learning something every day. WC is so complex. Well, after reading some cases I now understand that on a stip, paying PD forthwith is only for an immediate and necessary need.
Interesting: On one case the PD was paid forthwith because the IW wanted to buy a house (california). It was paid to her, but upon discovery that this was not an immediate and necessary need, she had to pay back the lumpsum and receive payments periodically.
I just want this to end peacefully, so will go along with my AA, who I really respect for his integrity.
RE: This doesn't sound right to me! - 1171 - 11-20-2010 08:25 PM
no. paying forthwith is just an agreement between the parties. doesn't require any reasons.
don't confuse it with a comuntation which allows the carrier to retain a small amount for interest saved.
RE: This doesn't sound right to me! - orange - 11-25-2010 02:36 PM
i was told by my att in NC that wc will not pay for stress or pain and suffering!