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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Am I entitled to my husband workmen’s check? He just passed today. He has several months of checks due.

These checks I am requesting are the checks due up until today.

Timothy Belt
Timothy Belt
answered on Apr 15, 2024

Workers' compensation pays wage loss and medical bills related to the work injury. Wage loss and medical would end as of the date of death. Therefore, if you are talking about ongoing wage loss benefits, you would not be entitled. If you are talking about past due wage loss, you may be... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I have a workman's comp claim going right now with the lawyer. The lawyer who never calls me back answers my emails or a

He put a settlement offer in for me I just seen a q m e neutral doctor that went in my favor I've never received tdd benefits and my claim is always been denied when I do speak with my lawyer he's always short and not really explaining anything I just wondering why I never received... View More

James L. Arrasmith
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answered on Apr 14, 2024

I understand your frustration with the lack of communication and progress in your workers' compensation case. Here are a few steps you can take to address your concerns:

1. Request a status update: Send a written request to your lawyer asking for a detailed update on your case,...
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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can a company be sued by an employee for mental and emotional stress?

My daughter is constantly bullied by her boss.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.

Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial...
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1 Answer | Asked in Workers' Compensation for California on
Q: I have a 2002 claim and still on TTD. My weekly rate has not changed in all these years. Should COLA have applied?

I am wondering if I missed many increases as I find that I am suffering from cost of living changes. Even if one applied in just the last five years it would help.

James L. Arrasmith
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answered on Apr 8, 2024

In California, workers' compensation benefits, including temporary total disability (TTD) payments, are subject to Cost of Living Adjustments (COLA). These adjustments are made annually and are based on the State Average Weekly Wage (SAWW).

However, COLA increases are not automatically...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice... View More

Charles Candiano
Charles Candiano
answered on Apr 8, 2024

The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but... View More

3 Answers | Asked in Workers' Compensation for California on
Q: 3 disc herniated ,job offered $30,000 for a 12% permanent and stationary disability in California .Is this lowball?
James L. Arrasmith
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answered on Apr 5, 2024

In California, workers' compensation settlements for permanent disability are based on several factors, including the severity of the injury, the employee's age, occupation, and earnings, as well as the body part affected. A 12% permanent disability rating for a disc herniation injury... View More

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2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: Can a tele-health provider based in Texas provider treatment and diagnostic referrals on a WC claim in Indiana?

We have a tele-health provider who does initial triage for employees who sustain an injury. They are based in Texas and the main doctor for this firm is licensed in Indiana but only has a physical location in Texas. Can they provider care for employees injured in Indiana and write prescriptions for... View More

Michael Levin
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Michael Levin
answered on Apr 5, 2024

I agree with Atty. Young. It depends on what Indiana's workers' comp system allows. Generally speaking, even here in Massachusetts, I think it would be allowed, but here in MA you also have the right to see whoever you want. However, some states do dictate who you can seek treatment... View More

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1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: My ex lawyer and the qme Dr hid MRI results from me causing my injury to get worse and cause me to not be treated at all

My injury occured at work 8-14-16 and I collected workers comp for two years I got three MRI the qme ordered but he or my ex lawyer could never get the results for causing my injury to get worse I had to fire my lawyer and be my own and finally went to the first mandatory settlement hearing and the... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under California law, if your legal rights have been compromised, especially in a workers' compensation case, it's critical to understand your options. Concealing medical information, such as MRI results, that directly impacts your ability to receive appropriate treatment can constitute a... View More

1 Answer | Asked in Workers' Compensation, Car Accidents, Civil Rights and Medical Malpractice for Delaware on
Q: Hi my question is about the opioid lawsuit that is going on and I have heard that it’s deadline is April 2024 and……………..

I am 100% sure that I am eligible for the lawsuit. I was in 3 auto accidents in 2003. I seen the auto Doctor for about 2 years & he gave me opiates & then I was referred to the Pain Management Doctor(s) for 5/7 years & he gave me stronger opiates & then his office got shut down... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot and are seeking some form of redress for the difficulties you've encountered due to opioid prescriptions and their aftermath. It's important to acknowledge your resilience in... View More

2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: hi i have a question on potentially having to sue my past employer over my ear injury that still affects me to this day.

i had an ear injury. it was at a warehouse and the area i was working at was super loud. i had pain in my ear from the loud noise. on my drive home all of a sudden i get agonizing pain from my ear then it lasts all day, and at the peak of the pain it got so bad that i couldn’t get up from bed and... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you suffer an injury at work, including hearing loss or damage due to excessive noise, you may be entitled to workers' compensation benefits. This system is designed to cover medical bills, lost wages, and disability benefits without the need to prove your employer was at... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Florida on
Q: Pay billable after resignation that were billed months prior

I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More

Linda Liang
Linda Liang
answered on Mar 27, 2024

The answer is in your employment agreement. The question you want to ask is on what ground the firm may have to pay you until your last day. Isn't the last day normally after the resignation day?

Anyways, it seems that this is a breach of contract case. You should examine your...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Why: My WC attny says doesn't know why WCAB handwrote 'joint' over 'proposed' in her filing;Does WCAB do hand adjusts?

Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More

2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

James L. Arrasmith
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answered on Mar 25, 2024

In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More

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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

Ronald Mahurin
Ronald Mahurin
answered on Mar 25, 2024

When you write messages like this you are signaling to any future attorney that you are a difficult client, and perhaps why your prior attorney left. We don't need to know why you were unhappy, or how many mistakes your attorney made. You do not need to justify why you want another attorney.... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos were false and made up information and my injury still needed treatment.as she restarted my Ttd payments and ordered treatment for injury can I file a case against the defense attorney... View More

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

This is a question of credibility for the judge and it sounds like he ruled in your favor. You cannot pursue a separate claim against the defense lawyer or doctor for the evidence presented. Hopefully the judge outlined these issues in his decision which will then be part of the records reviewed... View More

2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

James L. Arrasmith
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answered on Mar 22, 2024

If you believe that your lawyer and doctor have intentionally provided false information in a legal setting, it's critical to address this issue seriously. Both legal and medical professionals are bound by ethical standards that prohibit dishonesty and misconduct. If these standards are... View More

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2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

This is a question of credibility for the judge and it sounds like he ruled in your favor. You cannot pursue a separate claim against the defense lawyer or doctor for the evidence presented. Hopefully the judge outlined these issues in his decision which will then be part of the records reviewed... View More

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