When Can Your Temporary Disability Payments Be Stopped?
Osurance companies hate paying total temporary disability (TTD)—and for good reason. It dramatically increases the value of your case.
In California Workers’ Compensation, you’re entitled to two-thirds of your average weekly wage, subject to certain caps, as long as one of the following two conditions is met:
A doctor finds you temporarily totally disabled (TTD), meaning you’re unable to work at all,
ORYou have work restrictions, but your employer cannot accommodate them.
This article focuses on #2—when you’re released to modified or light duty, but your employer does not offer a valid job.
This applies across all injury types: back injuries at work, heart attacks at work, shoulder injury at work, knee injuries, or cumulative injury. The law is the same.
What Counts as a Valid Job Offer?
In order to legally stop your temporary disability benefits, your employer bears the burden of proof. They must prove:
Work was actually available and
It was genuinely offered within your medical restrictions
Courts Favor Written Offers
While the law doesn’t technically require the offer to be in writing, oral offers are usually seen as suspicious. Courts strongly prefer written, detailed job offers, and are more likely to side with injured workers when these standards aren’t met.
In Nelson v. SC (2020), the court held that the injured worker was entitled to TTD because the employer failed to prove that modified work was available and offered. The offer was only made orally—and that wasn’t enough.
What Must Be Included in a Valid Written Job Offer?
To stop paying you TTD, a valid job offer almost always will need to include all of the following:
✅ Be in writing
✅ Include a detailed job description
✅ List the exact duties
✅ Explain how those duties comply with your doctor’s restrictions
✅ State the location of the work
✅ Disclose wages and compensation
✅ Specify the duration of the job—must be at least 12 months
If any of these elements are missing, the job offer may be invalid—and you may still be entitled to TTD. Contact Lee Partners Law today to evaluate the Job offer and how to fight it.
What If the Insurance Company Stops Paying Anyway?
If your TTD benefits are wrongfully stopped, you don’t have to wait. You can request an expedited hearing—a mini-trial to decide whether the employer’s offer was valid and whether you’re still owed benefits.
This is why hiring a strong Workers’ Compensation attorney is critical. Insurance companies often try to stop payments early, but we know how to fight back.
“They Say They Would Have Offered Me Work…”
But I Don’t Work There Anymore. Now What?
Even if you’ve been fired or laid off, the employer must often still prove they had real, available work that met your restrictions in order to stop paying TTD. This is where a unique legal concept called the "Odd Lot Doctrine" might apply.
If:
You have work restrictions, AND
You are no longer employed, AND
Your former employer claims they would have offered you modified work...
...they still need to prove it. Otherwise, you may still be entitled to total temporary disability.
Call the Experts in Maximizing Your TTD
David, Ali, and Michael Lee are former insurance defense attorneys who now fight for injured workers. We know every trick the insurance company tries—and we know how to beat them.
If your temporary disability checks were stopped or you’re facing pressure to return to work early, don’t wait.
👉 Call Lee Partners Law for a free consultation today (310) 295-0822.
We’ll protect your right to heal—and fight to get every dollar you’re owed.