Checks

[mytruck]

In California
I have been on WC for a year and a half now. My disabilty checks (I think it is TTD checks) and mileage checks have stopped coming. I am owed a total of 4 checks right now. My attorney called the defence attorney and the insurance company over the last 3 weeks and no one has returned their calls. I am not P and S nor have I had an AME or QME. My doctor still has me off work.
My attorney said they really cannot do anything until the insurance company or the defence attorney calls them back. The bill collectors and landlord have been nice over the last 1 1/2 years, but they are tired of the excuse of me waiting to get my check (this is the only income I have). I have used all my extentions, favors, savings account, anything to survive; but now am completely reliant on the checks getting here and on time.
Done whining: What can be done to see why I have not been getting them? Can I hold the insurance company accountable for the late fees and such because the checks are not on time?
Thank you

[hurting in tn]

mytruck Wrote:In California
I have been on WC for a year and a half now. My disabilty checks (I think it is TTD checks) and mileage checks have stopped coming. I am owed a total of 4 checks right now. My attorney called the defence attorney and the insurance company over the last 3 weeks and no one has returned their calls. I am not P and S nor have I had an AME or QME. My doctor still has me off work.
My attorney said they really cannot do anything until the insurance company or the defence attorney calls them back. The bill collectors and landlord have been nice over the last 1 1/2 years, but they are tired of the excuse of me waiting to get my check (this is the only income I have). I have used all my extentions, favors, savings account, anything to survive; but now am completely reliant on the checks getting here and on time.
Done whining: What can be done to see why I have not been getting them? Can I hold the insurance company accountable for the late fees and such because the checks are not on time?
Thank you

[1171]

they are required to pay an automatic 10% penalty on each late payment.
the comp court can penalize them an additional 10% on the all the TTD payments (even those paid timely) if the court finds the delay unreasonable.
you have to file with the court for the latter penalty.
they are required to supply a benefit notice when there has been a change in benefit status. the DWC audit unit can fine them at the time of their next audit for failure to notify you properly of the stoppage.
in the meantime you can file a complaint with the unit
http://www.dir.ca.gov/dwc/Audcomp.pdf

there are no other costs that can be levied against them.

make sure the physician is supplying them with the necessary off work authorization.

P.S. ---there is a 104 week (from the date of the first check) limit to TTD payments.
----any physician can make a P&S determination.

[hurting in tn]

mytruck Wrote:In California
I have been on WC for a year and a half now. My disabilty checks (I think it is TTD checks) and mileage checks have stopped coming. I am owed a total of 4 checks right now. My attorney called the defence attorney and the insurance company over the last 3 weeks and no one has returned their calls. I am not P and S nor have I had an AME or QME. My doctor still has me off work.
My attorney said they really cannot do anything until the insurance company or the defence attorney calls them back. The bill collectors and landlord have been nice over the last 1 1/2 years, but they are tired of the excuse of me waiting to get my check (this is the only income I have). I have used all my extentions, favors, savings account, anything to survive; but now am completely reliant on the checks getting here and on time.
Done whining: What can be done to see why I have not been getting them? Can I hold the insurance company accountable for the late fees and such because the checks are not on time?
Thank you

I went thru that myself,I suggest you get your attorney to call the labor board to file a complaint, If Cali is anything like where i live it will take them 1 week to get you your cash.

[mytruck]

I called the insurance company and they told me that the checks did stop but would not tell me why because I have an attorney. They said that the attorney needs to get ahold of the claims adjuster to get the reason. I called my attorney and gave them that info and they told me they could only talk to the defense attorney, not the insurance company. I called the WC office here in town and they told me that because I have an attorney, they could not do anything for me.
So in a nutshell, I cannot get any information why I am not getting my checks unless it is through my attorney. My attorney tells me there is nothing they can do until the defence attorney calls them back. They have left 3 weeks worth of messages with the defense attorney with no reply.

QUESTION: WHAT COULD THAT MEAN?

It seems to me that everyone is pointing fingers in all sorts of directions instead of just finding out what is going on. Without an attorney, I could have talked to the claims adjuster yesterday, becasue she was in and available. Without an attorney, I was taken advantage right from the get go until I got one. Seems you cannot win with or without one.
Does it seem amazing to you how everyone in charge of our financial survival gets their money on time, but has no responsibility to at least let us know why it is late or why it stopped. Oh, unless you can file a complaint, which I did a year ago when the insurance company was caught cheating, does nothing.
Your thoughts?

[1171]

there is no legal prohibition on your atty speaking directly to the claims adjuster.
it's probably an in-house rule with your law firm or a specific agreement made between the attys on the case.
your atty can file for a court date. it's very likely the defense atty will call back before going to court to answer such a question.
you can change attys at any time or you can represent yourself.