If you're going to an Expedited Hearing, which is a type of trial, I sure hope you've got a lawyer standing beside you. the insurance company will have a seasoned pro there while you are a green rookie in these matters. If you don't have an attorney, GET ONE. If you do have an attorney, you should be asking him this question.
The answer to your question is, "Maybe." Depends on more facts that we don't have here.
If you don't have an attorney, find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers. If you are going to court in San Diego, I recommend Olga Mandel in La Mesa. You can reach her at 619.644.2907.
A lot of injury cases resolve without legal assistance, and many people recover from a WC injury without incident or impairment. We don't see those people. We see the people who either A) need legal representation to resolve pending legitimate legal issues, or B) hire a bottom-feeding TV Attorney because they were terminated from there job, and feel like WC should be their severance package.
If you are facing an Expedited Hearing for surgery on an admitted claim, you fall into the first category. If you are not yet represented by Counsel, you should immediately consult with a Certified Specialist in WC to assist you in the Trial. My guess is that the Ins Company did not file an Application or request an Expedited Hearing. Your Attorney probably did, which means that you should be working out the details with the Attorney you hired.
We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
I agree. You need a worker’s comp. attorney ASAP if you do not have one yet.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
You get Temporary Disability Checks IF the judge lets you actually go to Trial and makes a Finding & Award of Temporary Disability....and you haven't used up all 104 weeks of TD benefits.
I strongly suspect the judge will twist both attorneys' arms at the Expedited to agree to an Agreed Medical Evaluator instead.
An Agreed Medical Evaluator -- AME -- is 'God' in your claim... whatever the AME says goes.
so: tell your attorney NOT TO AGREE TO ANY AME unless the insurer agrees to re-instate TTD to continue up through the date the AME ISSUES AN ACTUAL REPORT. (most agree to pay TTD until the AME appointment date, but then there is no income for 5 weeks awaiting the AME report to get sent, so only agree if the TTD is pledged in writing through the date the AME report is in everyone's email box).
Will you get checks AFTER this surgery???? If the Insurer authorizes any surgery (and you haven't used up your 104 weeks of TTD benefits), the insurer should automatically re-start TTD Payments the date of the surgery.
Sounds like the QME wrote you can't benefit from the surgery or any other procedures, giving the adjuster the right to stop TTD Payments...so until a judge orders the insurer to provide the surgery and pay TTD, don't count on any further checks from this insurer.
HAS YOUR ATTORNEY DEMANDED Permanent Disability payments from the INsurer? If not, why not???
If the Insurer has a QME report finding you need nothing further and you are Permanent & Stationary with way to benefit from further treatment procedures, if that QME found any Permanent Disability or Whole Person Impairment, that insurance adjuster relying on that report should have begun paying Permament Partial Disability Indemnity.
I handle Riverside WCAB Cases and am available if you are looking for counsel: firstname.lastname@example.org
Find out where you PPD payments are, and think about applying for State Disability Insurance awaiting all this manuevering: