The checks stopped, and the rent is due. This is the most frightening thing that happens in a workers’ compensation case, and it happens constantly.
One worker reports that payments stopped because the employer supposedly could have accommodated their restrictions. Another is working modified duty at reduced hours and is not receiving anything for the lost wages. Another was taken off temporary disability by a doctor and wants to know whether that means they have reached maximum medical improvement.
Each of these has a specific explanation, and knowing which one applies to you determines what you can do about it.
What California Workers Are Asking on Reddit About Disability Payments
- Why did my workers’ comp checks stop with no notice?
- Can my employer stop my temporary disability by offering light duty?
- I am back at work but making less money. Do I get anything?
- Does returning to work mean I am permanent and stationary?
- Can my doctor take me off temporary disability without declaring me P&S?
- How long do temporary disability payments last?
The Vocabulary, Because It Determines Everything
These acronyms get used interchangeably online and they mean very different things.
TTD, temporary total disability. Paid when you cannot work at all because of the injury. Generally two thirds of your average weekly wage, subject to a statutory maximum, paid every two weeks.
TPD, temporary partial disability. Paid when you are working but earning less because of the injury, typically reduced hours or restricted duty at lower pay. It covers a portion of the wage loss. Many injured workers on modified duty never learn this exists and simply absorb the loss.
PD, permanent disability. Paid after your condition stabilizes, based on your rating. A different benefit, at a much lower weekly rate, for a different thing.
MMI or P&S, maximum medical improvement or permanent and stationary. The point at which your condition has stabilized and is not expected to materially improve with further treatment. This is a medical determination, and it is the hinge the whole case turns on.
Why Your Checks Stopped
You were found permanent and stationary. Temporary disability ends at MMI, by design. TD replaces wages during healing, and once healing has plateaued the system switches to permanent disability. If you were declared P&S, TD stopping is expected rather than a mistake.
The 104-week cap was reached. Temporary disability is generally limited to 104 weeks within five years of the date of injury. Certain severe conditions, including things like amputations qualify for up to 240 weeks. The cap surprises people who assumed benefits continue until they recover.
Modified work was offered. This is the one that generates the most anger, and it is often legitimate. If your employer offers work within your restrictions and you decline it, temporary disability can be terminated. The system’s position is that your wage loss now flows from your refusal rather than your injury.
A doctor released you to work. If a treating physician or medical-legal evaluator says you can work, even with restrictions, TD can stop.
The claim was denied or delayed. If causation is disputed, the carrier stops paying pending resolution.
Administrative failure. Sometimes a report did not arrive, an adjuster changed, or a file was mishandled. This is more common than it should be and is often fixed by a phone call.
You Are Entitled to Written Notice
Carriers are required to provide benefit notices explaining changes to your payments, including why they stopped. If your checks ended and you received nothing explaining it, that is itself a problem. Request the notice, because the stated reason tells you what you are actually fighting.
Can They Stop TD Because Light Duty Exists?
Partly, but the details matter.
A genuine offer of modified or alternative work within your documented restrictions can end temporary disability if you decline it. But the offer has to be real. Questions worth asking: was it offered in writing, does it actually fall within the restrictions your physician wrote, does the job exist, and are the hours and wages what were represented?
Where I see legitimate disputes is when the accommodation offered does not match the restrictions in the medical reporting, or the described position turns out to be materially different in practice. A carrier asserting that the employer could have accommodated you, when no actual offer was made within your restrictions, is a different and weaker position than a documented offer you turned down.
Working But Earning Less
If you are on modified duty at reduced hours or lower pay because of your injury, temporary partial disability generally covers a portion of that wage loss.
This benefit is routinely not paid, not because it is being denied, but because nobody triggered it. The carrier needs wage information showing what you are now earning compared to your pre-injury average weekly wage. If you have been working reduced hours for months and receiving nothing, gather your pay stubs and raise it. This is one of the more commonly missed benefits in the entire system.
Does Going Back to Work Mean I Am P&S?
No. These are separate determinations that people conflate constantly.
Returning to work is a fact about your employment. Permanent and stationary is a medical conclusion about whether your condition has stabilized. You can be back at work full duty and still not be P&S, if your physician expects further improvement or you are still receiving active treatment.
Similarly, a doctor can release you to work without declaring you permanent and stationary. Being released to work ends temporary disability because you are no longer losing wages. Being P&S ends the temporary disability period entirely and starts the permanent disability analysis. They frequently happen at the same time, which is why they get confused, but they are different findings.
Common Misconceptions
That checks stopping means the claim was denied. Usually it means you were found P&S, released to work, or hit the 104-week cap.
That temporary disability continues until you are healed. It is generally capped at 104 weeks within five years of injury.
That returning to work forfeits your case. It does not. Permanent disability, future medical, and the rest of the claim continue.
That you must accept any job the employer offers. The offer must be within your documented medical restrictions.
That partial wage loss is not compensable. Temporary partial disability exists precisely for that, and it is regularly unpaid simply because nobody asked.
That permanent disability pays like temporary disability. The permanent disability weekly rate is substantially lower. Many people are shocked by the drop.
If Your Payments Stopped
- Get the written benefit notice. The stated reason determines everything that follows.
- Find out whether you were declared permanent and stationary, and get the report that says so.
- Count your weeks. If you are near 104, that is likely the explanation.
- If modified work is the reason, get the offer in writing and compare it line by line against your restrictions.
- If you are working reduced hours, gather pay stubs and ask about temporary partial disability.
- Apply for EDD State Disability if you are out of income while a dispute is resolved. It bridges the gap, subject to a lien.
- Do not let it sit. Disputes over terminated benefits can be brought before a judge, sometimes on an expedited basis, but nothing happens until someone files.
Frequently Asked Questions
Why did my workers’ comp checks stop in California?
The most common reasons are being declared permanent and stationary, a physician releasing you to work, reaching the 104-week temporary disability cap, declining an offer of modified work within your restrictions, or a denial of the claim. Carriers must provide a written benefit notice explaining the change.
Can my employer stop my temporary disability by offering light duty?
A genuine offer of modified or alternative work within your documented medical restrictions can end temporary disability if you decline it. The offer must actually fall within the restrictions your physician wrote, which is where many disputes arise.
How long does temporary disability last in California?
Generally up to 104 weeks within five years of the date of injury. Certain severe conditions qualify for up to 240 weeks.
What if I am working but making less money because of my injury?
Temporary partial disability generally covers a portion of that wage loss. It is frequently unpaid simply because the carrier has not received wage information showing the reduced earnings, so provide pay stubs and raise it.
Does returning to work mean I am permanent and stationary?
No. Returning to work is an employment fact. Permanent and stationary is a medical determination that your condition has stabilized. You can be working and still not be P&S.
Can a doctor take me off temporary disability without declaring me P&S?
Yes. A release to work ends temporary disability because you are no longer losing wages, while permanent and stationary status is a separate medical finding about whether your condition has stabilized.
Stopped Benefits Are Worth Challenging Quickly
When payments stop, the reason is often correctable, and disputes over terminated temporary disability can sometimes be heard on an expedited basis. If your checks stopped without a clear explanation, contact my office for a free consultation.
Ryan D. Kayrell, PC represents injured workers throughout California from Irvine, Orange County. This page is general information about California workers’ compensation law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Benefit rates and caps vary by date of injury. Questions described here are paraphrased from public online discussions and do not reflect any client of this firm.