California Workers' Compensation Questions & Answers

Q: what do you do if your work comp lawyer has passed away

1 Answer | Asked in Workers' Compensation for California on Nov 11, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

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Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

1 Answer | Asked in Workers' Compensation for California on Nov 19, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at all on your case, the odds of you being able to fire him without paying him a cent are next to nil.

Andy

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Q: off work because my employer has no modified duty after a work related injury, who pays my portion of medical benefits

1 Answer | Asked in Workers' Compensation for California on Nov 21, 2014

Answered on Nov 23, 2014

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Ronald Mahurin's answer
If youe claimed injury is admitted by the carrier, you should incur no costs for treatment. If the claim is denied and you are seeking treatment through your regular medical provider you might be asked for co-pays, but you can send copies of the co-pay receipts to the carrier for reimbursement. In sum, under California law the injured worker does not pay for medical treatment. Look up the Multiple Physician Network MPN for your carrier if the claim is admitted and select a physician in the...

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Q: Can a PTD decision be reversed if one is able to return to the workforce 20 years after the injury?

1 Answer | Asked in Workers' Compensation for California on Sep 14, 2012

Answered on Oct 11, 2012

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Timothy J. Deffet's answer
In some states, maybe, if you have a change of circumstance. Contact a California attorney immediately. I only practice in Illinois.

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Q: What can I do if I was hurt at work?

1 Answer | Asked in Workers' Compensation for California on Oct 4, 2012

Answered on Oct 11, 2012

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Timothy J. Deffet's answer
I am sorry you were injured. In my states once you are off work for a period of days and/or your employer cannot offer light duty work then they must pay you. Also, if you have a union contract it may provide for better pay. Talk to a California work comp attorney ASAP as I am not licensed in your state. I wish you a speedy recovery.

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Q: In California, must a Judge Sign Workman's Comp Subpoena Duces Tecum for Psychiatric Records release?

1 Answer | Asked in Workers' Compensation for California on Oct 4, 2012

Answered on Oct 11, 2012

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Timothy J. Deffet's answer
In most states you need a special motion and/or order with permission from you and/or your attorney to get psych records. This is true in Illinois. I do not practice in California. Contact a California attorney ASAP if you do not have one.

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Q: Do i need to sign a release for my information to be released to my attorney?

1 Answer | Asked in Workers' Compensation for California on Sep 4, 2012

Answered on Sep 7, 2012

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Christie Asselin's answer
You should really ask your attorney about this. That's what s/he is there for.

Assuming you are referring to healthcare information? I can tell you that there are some strong privacy laws out there to protect your private health information. Providers won't share that information without your permission which is the purpose of the release.

Attorney Advertising This communication may be considered attorney advertising. Previous results are not a guarantee of future outcome. No...

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Q: I filed a workers comp case and my employer told me to change the date or he will file extortion on me. Can he do that?

1 Answer | Asked in Workers' Compensation for California on Jul 11, 2012

Answered on Aug 8, 2012

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Andy Chen's answer
The employer can allege extortion, but I am not certain how far such a claim will go. First, if the amount of money involved is small, the District Attorney and/or state of California might decide it is not worth their time to prosecute such a claim and that assumes that extortion can even be proven.

I assume the date you chose is supportable by fact. If so, then I think you should be fine. It is not extortion if the date is correct and the employer simply doesn't like it because it is...

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Q: What do I do if I can't appear on date for which I've gotten a subpoena?

1 Answer | Asked in Workers' Compensation for California on Jul 20, 2012

Answered on Jul 23, 2012

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Timothy J. Deffet's answer
Call the attorney listed on the subpoena immediately. Otherwise, show the subpoena to your boss at work and tell them it is a legal document (if proper subpoena)and tell them you need time off of work. Sometimes the attorney requesting you can get another date. Do NOT ignore the subpoena.

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Q: I have a work injury and have been cleared to return to full duty. After a month my pain is back what are my options?

1 Answer | Asked in Workers' Compensation for California on Mar 29, 2012

Answered on May 28, 2012

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Jerry Lutkenhaus' answer
I don't practice WC law in your state but I have practiced WC law in Virginia for 35 years. So, this is just general information and not legal advice. As soon as possible, you need to return to the doctor who cleared you to return to work and seek a new examination. You may have to contact the insurer and demand this exam. Also, check with a WC lawyer in your state.

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Q: What the least amount to settle for in a partial amputation of a foot

1 Answer | Asked in Workers' Compensation for California on Feb 22, 2012

Answered on Feb 25, 2012

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Jerry Lutkenhaus' answer
I guess the biggest question from this type of injury is how much of a permanent injury you have and how much permanent restrictions you have. Are you able to work? Are you able to do your pre-injury work? What future medical expenses due you face?

You should contact an experienced WC lawyer in your state.

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Q: If ive signed on with a work comp att. and i dont want them representing me anymore what kinda fee is due them for rep.?

1 Answer | Asked in Workers' Compensation for California on Feb 11, 2012

Answered on Feb 18, 2012

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Jerry Lutkenhaus' answer
I don't practice WC law in your state. You should review the contract you signed with this lawyer. You should alsocheck with your tribunal. If he has not done anything for you then I can say generally say he would not be entailed to a fee.

This is meant to be general information and not legal advice since we do not have an attorney-.client relationship.

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Q: I have a worker comp case ready to settle and a lien for child support appearred, can they take the entire settlement

1 Answer | Asked in Workers' Compensation for California on Jan 16, 2011

Answered on May 24, 2011

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Michael Ian Rott's answer
The law requires that prior to a Workers' Compensation Judge approving a settlement liens regarding child support must be resolved. In your case, if you owe more than the settlement amount, the Child Support Division of the District Attorney's Office will seek the full amount of their lien.

While the total outstanding child support lien is required to be paid in fuller, there have been cases where we have successfully negotiated a lesser amount to be deducted from the...

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Q: Can a work comp settlement be rescinded?

1 Answer | Asked in Workers' Compensation for California on Dec 3, 2010

Answered on May 24, 2011

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Michael Ian Rott's answer
Although frowned upon by the WCAB, upon a showing of "good cause", the requisite factors of either fraud or mutual mistake must be proven in order for a settlement to be rescinded.

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Q: What is an application for adjuication of claim for workers comp. Did my attorney file this or my employer?

1 Answer | Asked in Workers' Compensation for California on May 5, 2011

Answered on May 24, 2011

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Michael Ian Rott's answer
Filing this form establishes a case before the Workers' Compensation Appeals Board (WCAB). A WCAB case number will then be assigned. It is customary for your attorney to file this document, at the beginning of your case, once he or she has been hired. However, it is filed occasionally by employers.

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Q: How do you fight worker's compensation when no lawyer will take your case?

1 Answer | Asked in Workers' Compensation for California on Jan 25, 2011

Answered on Mar 19, 2011

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Nancy J. Wallace's answer
Represent yourself! Use the Information & Assistance Officer at your Workers' Compensation Appeals Board. Go here to find a workshop near you: http://www.dir.ca.gov/dwc/Workshop/Workshop_English.htm

The forms you need (and skeletons of Petitions) are here: http://www.dir.ca.gov/dwc/forms.html

...More & more injured workers are in your predicament, because your elected officials made the recovery so low on upper extremity claims that attorneys actual lose money on most. Most...

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Q: Why have i been send this form if the doctor has released me to full duty no firther appointments

1 Answer | Asked in Workers' Compensation for California on Jan 29, 2011

Answered on Mar 19, 2011

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Nancy J. Wallace's answer
When you are released after treating for an industrial injury, you have the right to disagree with the treating doctor; the insurer has to send you a form for that. Also, when you are released back to your old job after an industrial injury, the comp insurer usually wants to 'memorialize' there is zero permanent disability; there is a form for that. [the good news is, there's no horrible harm if you just ignore those forms!]

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Q: Can I receive Workers Comp and Disability for 2 separtate claims at the same time? A shoulder injury vs having cancer?

1 Answer | Asked in Workers' Compensation for California on Feb 10, 2011

Answered on Mar 19, 2011

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Nancy J. Wallace's answer
No, it is a CRIME to get Temporary Total Disability payments from a Workers' Comp carrier and fail to tell the Comp Insurer about getting State Disability or Private Disability Insurance payments. If you are getting TEMPORARY DISABILITY indemnity from a personal disability insurance policy OR from the State Disability Insurance arm of the California EDD, you need to inform the Comp Carrier paying disability benefits on the shoulder; the Comp Carrier is permitted to reduce the payments by the...

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Q: What is the cost of mileage for CA reimbursement in WC cases

1 Answer | Asked in Workers' Compensation for California on Feb 7, 2011

Answered on Mar 19, 2011

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Nancy J. Wallace's answer
For trips from 1/1/2011 forward, 51 cents/mile; use this form: http://www.dir.ca.gov/dwc/I&A_mileageForm.pdf

For trips in 2010, just 50 cents/mile; here's THAT form: http://www.dir.ca.gov/dwc/I&A_mileageForm2010.pdf

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Q: Can you get a lump sum from workmens comp instead of medicare set a side for the rest of your living life.

2 Answers | Asked in Workers' Compensation for California on Jan 13, 2011

Answered on Jan 21, 2011

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Erin Gallivan's answer
If you eligible for Medicare or SSDI and your settlement is above $25,000, Mediare has laws saying that any payment for future medical bills for a workers comp injury must be paid into a Medicare Set Aside trust and not paid to the claimant directly in a settlement. Other money that is not for future medical bills can be paid in a lump sum to the Claimant.

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