What Happens to a TTD Payment Order During the Petition for Reconsideration Phase?

Asked about 1 year ago - San Francisco, CA

I won my workers compensation case after a trial and the workers compensation insurance is appealing the WCJ's decision. The WCJ issued a recommendation that the IC's petition be denied. She had filed a petition for stay requesting the judge to grant them a stay while the matter is pending, but the judge did not respond neither did the commission. Can I file a walk through and get the judge to enforce the payment order because the IC is not paying me even though LC 5910 gives them only 10 days suspension of an order. What else can I do to get the IC to pay me in the meantime?

Attorney answers (2)

  1. George Ellis Corson IV

    Contributor Level 20

    5

    Lawyers agree

    Answered . You will have to wait until the Reconsideration Unit rules on the Appeal. The Award is not final until the Appeals are exhausted. Any non-appealed rulings are final, but the issues on appeal are not.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
  2. Marjory Harris

    Contributor Level 14

    3

    Lawyers agree

    Answered . I do not believe a walk through order would work if the defendant appealed the decision concerning TTD. You should receive interest on the Award (10% per annum) plus Labor Code ยง4650 self-imposed increase (SII) of late payments (10%)

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