TO TERMINATE OR PAY TD...THAT is the Question!

by Michael D. Patrick, Esq. (August 1, 2012)


A Workers' Compensation case gets filed.  The case is accepted and treatment ensues. The Injured Worker goes back to work modified duty for six months and then gets fired for cause (insubordination and incompetence).  Applicant later alleges entitlement to 2 years of retroactive total temporary disability indemnity worth $88,000 including the lien of Employment Development Department.


What Result?


Trial and victory for our client!

The Court's attention was drawn to the following cases:

(1) Modified work provided until termination for cause (insubordination) relieving defendant of later Temporary Disability obligation (Drews 69 CCC 799).
(2) Terminated employee.  No Temporary Disability due if fired for unrelated reason.  (Fernandez** 30 CWCR p.224 citing Hardware Mutual (Hargrove) 32 CCC 291).