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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?

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. 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. 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 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.


  3. 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/compensableconsequences.htm

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