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room and board=TTD
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05-18-2011, 07:22 PM
(This post was last modified: 05-18-2011 07:23 PM by combatcop.)
Post: #1
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room and board=TTD
florida===been with current employer for 2 years,when first interviewed for job gave option of 12 hr or 9hr plus housing,had just moved to fla and we were staying with daughter so the 9 plus housing was a good choice at the time[not unusual for wife and i,for past 20 yrs have had housing as part of our employment-property mgrs/maint.]
30 days prior to my accident i was informed that housing would no longer be provided..i mentioned that i should be due an increase in wage, mrg said she would discuss with owner. I was injured 1 week prior to my move out date,i did move out as told to do,discussion about wage increase put on hold since i was injured and on restrictions,so NO light duty work avail. when i had my first phone interview with ic she asked about wages so i explained situation and told her i should be placed at least at the 12hr wage first discussed at job interview,since housing no longer provided. my weekly ttd benefit was based on current wage of 9.50 hr with no value given to housing....after some w/c forum reading i was directen to fla w/c rules and rule 440.14 DETERMANATION OF PAY secution 2 reads.....if during period of disability,employer continues to provide consideration,including board,rent,housing,the value of such consideration shall be DEDUCTED when calculating the average weekly wage so long as benifits are provided........so if i read this right a value IS given to housing, so why the value would not increase my average weekly wage,which increases my weekly ttd amount, when i/c first figured my aww...anyone else been in this position....thanks |
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05-19-2011, 12:29 AM
(This post was last modified: 05-19-2011 01:18 AM by 1171.)
Post: #2
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RE: room and board=TTD
since it appears that the deal to offer 12 hr wage in lieu of housing has not been offered or agreed to the amount of wages lost are in doubt.
you can appeal the TTD rate issue to the comp court. |
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05-19-2011, 12:59 AM
(This post was last modified: 05-19-2011 01:06 AM by combatcop.)
Post: #3
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RE: room and board=TTD
??? if i was currently living there now, an amount or value would be deducted from my aww..according to fla rule..which would lower my ttd..so why isnt the value added to my aww when employer no longer provides housing .which was original hiring agreement?????
dont see how you could have it both ways 1. value if currently living there 2. no value if forced to move out job was a maintenance man at a hotel after normal 8 hr day i was on-call for the off work hours---5 days a week, so i was on the property for any issues that came up...this co has a history of paying maint people up to 13 hr depending on exp but none of them lived on site,,i was the first |
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05-19-2011, 08:56 AM
Post: #4
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RE: room and board=TTD
do you have a contract? any thing to look back on and prove to WC your point
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....
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05-19-2011, 09:24 AM
Post: #5
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RE: room and board=TTD
They don't actually "deduct" the housing from your TTD. It just isn't added in to the calculation. If housing was provided as part of your "pay" and they are no longer providing it, it should be added to your AWW. Your case is a little different as they were stopping the housing before you were injured.
You may want to contact the "Employee Assistance Office" and discuss with them. They will contact the adjuster to try to resolve the issue or will assist you in filing a Petition for Benefits. You can get the number for the closest office here: http://www.workerscompensation.com/state...p?state=FL Or contact an attorney. The initial consultation is free and they work on contingency so they don't get anything unless they "win" you benefits. |
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05-19-2011, 10:38 PM
Post: #6
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RE: room and board=TTD
thanks all...have appt with w/c lawyer mon
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