California Workers' Compensation Law Questions

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

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.
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

Jerry Lutkenhaus's 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 ...
 
 

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

Jerry Lutkenhaus's 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 ...
 
 

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

Jerry Lutkenhaus's 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 ...
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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_E nglish.htm The forms you need (and skeletons of ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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_mileageForm 2010.pdf
 
 

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

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 ...