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  • ca - wc pay question California

    Good morning. One of our employees was injured in an auto accident at the beginning of June. The employee was taken out of work by her physician. By the time we received the information and were finally able to get in touch with the employee, payroll had been processed and employee had been paid through 6/15 using available time. We filed the workers compensation claim (happened going home from last client).

    WC is telling me that it is ok that she received full pay from us and will receive partial pay from them in this particular case since the pay we used was accrued time off (vacation/sick/personal).

    Is this correct?

    Thank you

  • #2
    Your carrier will audit and adjust if necessary any overpayment there may be.
    If she is due TTD, those dates will be used. Any credits will be taken against any potential benefits/wages that become due.
    Your costs will/should be reimbursed by your WC carrier. And, the vacation/PTO time should be credited back to the EE/IW. Unless she opts to use those dollars as a supplement to bring her to full wage, to the extent those monies are available.

    The ER pays wages, the WC carrier pays benefits. In the end, there isn't likely to be any 'double dipping'. She won't be paid wages and wage replacement for the same dates.

    BTW...When the 3rd party/MVA resolves, she is entitled to past/future wage loss in that claim. You/your carrier is entitled to subrogation rights, or reimbursement from any recovery she may see.
    Two seperate claims, fully intertwined, but don't have to resolve at the same time. Even though the MVA carrier is paying medical, if the comp claim remains open post 3rd party settlement, the comp medical remains available 'for life' based on necessity. The MVA carrier usually lets the WC carrier handle the benefits because it's easier to control the medical costs through the treatment guides to comp medical, not applicable to a MVA claim.

    TMI today ?... sorry.

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