If I have a WC case for 7/10 for knee, & injured back in 5/11, during work cond for knee, shld I receive 104+ wks of PD or SDI?

Asked 10 months ago - Pasadena, CA

While under care of WC Dr for knee injury in 3/10, injured lower back in 5/11, during work conditioning, that he prescribed. Can or should I be able to collect more that 104 weeks of PD and/or SDI (because SDI is $200 less than my PD weekly benefit, so I'm owed the difference from WC Ins I'm told)? WC stopped paying, returned me to work, I didn't go, and hired an atty. But this has never been mentioned to me, and he dsnt seem to know the answer. So I collected about 10 mths of WC, and then 52 weeks of state disability. So, is there anything left, having had 2 different injuries, to 2 different body parts, and 2 different times??? In addition, WC only paid for 1 month, for the back injury, then they disputed it. But Ortho QME has since given me 1 yr retro time off from 11/11 - 11/12. So?

Attorney answers (3)

  1. Brett A. Borah

    Contributor Level 20


    Lawyers agree

    Answered . Since you injured your back while in rehab for the knee, it ALL relates back to the knee date of injury. You have one date of injury with a "compensable consequence" injury to the back. Thus, a limit of 104 weeks of TTDI. suggest this to your attorney. See what he has to say.

  2. Marjory Harris


    Contributor Level 14


    Lawyers agree

    Answered . Mr. Borah is right. The injury during treatment for a work injury is a compensable consequence of the work injury. See http://www.wcwebzine.com/a-z/compensableconsequ...

  3. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleague, Attorney Borah.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
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