I am in Severe Arm , Shoulder, Neck Radiating Down to Hands, Fingers. Headache. Was forced to Relocate back to Columbia, SC. After Forced Retirement and Failed Neck Surgery. Which Caused a New Injury to My Neck, Whereas I Can NEVER LYE Down on My Left Side Again. Unless My Right Arm, Hands and... Read more »
It depends. iS this case open such that this employer is paying for your treatment still? Have you selected a specialist or hospital from the Medical Provider Network, an MPN Doctor or Urgent Care or Hospital?? Then you should go to the MPN Hospital or Urgent Care. If you use your Medicare...Read more »
I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR
Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or...Read more »
2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... Read more »
No. a Compromise & Release Agreement is like a divorce. You and the insurer are all done. If you'd challenged it within 20 days of the Judge's Order Approving Compromise & Release Agreement 2 years ago, you had a shot. But not now.
THEIR ARE JOINDERS ADDED TO A 2 YEAR OLD JOINDER CASE. I ASKED MY ATTORNEY IF HE COULD ASK FOR A INCREASE IN MY BENEFITS FROM THE DEFENSE ADJUSTER. SENSE THOSE EMPLOYERS HAVE BEEN ADDED? HE DID SOME CALCULATIONS OF HIS OWN AND STATED HE FELT I WAS BEING OVER PAID? FOR 2 YEARS I SAID PLEASE CONTACT... Read more »
An attorney can request the Workers Compensation Judge remove her from the case for any reasonable reason. If your attorney is convinced there is an irreparable breakdown in communication, he can request to be removed as counsel. BUT he cannot just 'stop working' if he remains on as...Read more »
I would compile my earnings evidence for the 2 years just prior to 2020, so 2018 and 2019. Present copies to the adjuster with a request that your TTD rate reflect pre-pandemic earnings, your real EARNING CAPACITY. There probably won't be any response, but now you have the proof to show the...Read more »
Wow that's alot of stuff I know nothing about. I'd rather just get an attorney and let them handle it I don't think I have to do anything because I got hurt at work they should be sending me work on paperwork to fill out not three packets of disability excetera. So how am I supposed... Read more »
I think I answered you earlier, but we will try again. You get paid when a doctor on the Medical Provider Network for that insurance company examines you and writes that you are Temporarily Totally Disabled OR that you are Partially Disabled but your employer cannot provide modified duty. If you...Read more »
On April 9th I got injured at work my work to give me disability paperwork for my doctor to fill outmy dotor. Filed it out Send it back to them then they say oh no this is. A workers comp case stop seeing your doctor stop Physical Therapy stop orthopedic surgeon u have to see pour doctor called my... Read more »
Time to put everything in writing. You have to elect a physician from the employer's Workers Comp Insurance carrier, from it's Medical Provider Network. Then you have to prepare an Application for Adjudication so as to get a state WCAB Case Number and request an Expedited Hearing for...Read more »
YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may...Read more »
YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many...Read more »
I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was... Read more »
The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a...Read more »
There IS NO 'class action' in Workers Compensation in California. So the loss must be beyond the scope of employment. The employment relationship had to have ended and when the loss occurred, You were just another consumer or patron/patient. Then an attorney gets you...Read more »
I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »
Yes...and no. Probation is the time when the employer just needs to see if you are a good fit. It may well be that you failed to pass probation because the supervisors will not permit any worker with any industrial injury to transition to permanent employment. Labor Code 132a says that no...Read more »
Can/will a judge use MSC to make defendant begin to cover treatment or basically accept the claim? What is meant by the 2 days? Is MSC a time to ask for everything you think you are entitled too in the "cases entirety" or is it just an initial conference to get things started? If... Read more »
AGAIN: THE JUDGE WON'T ORDER anything except likely a continuance. so AGAIN no treatment is ordered. The time to request everything to which you are entitled IS RIGHT NOW of the defense attorney. When the defense attorney says 'no' then you write down everything that you want the...Read more »
Preliminary QME finds my claim predominantly industrial requiring Tx. Supplemental information will be based on more of the same supportive documentation. Filled DOR which is leading to upcoming MSC. During DOR hearing Judge implied claim compensable. What will happen at MSC? Will judge make a... Read more »
The settlement conference is just to see if this can be settled. There will be no hearing and no decisions. If the parties cannot settle, each party writes down every witness to be called at trial and each written document to be submitted into evidence. The parties write out the Pre-Trial...Read more »
Thank you so much for your response. As in all cases their are those that will or may meet the requirements... I posed another question just prior to this one asking what to expect at a MSC. This question was more of a follow up to that concern. Can you please review that question and help me? With... Read more »
The worker must prove that (1) there is a disabling psychiatric injury, then (2) that 51% of that condition is due to unfair and/or extraordinary events arising out of employment and in the course of employment. AND one must be on the job more than 6 months. Unless you took a knife or a bullet,...Read more »
I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »
It is a CRIME to (1) Forge then (2) violate HIPAA limitations, and proof of a crime can serve as proof of Duty and Breach; so you might want to start your Tort prosecution by getting the tortfeasors prosecuted by the local District Attorney. A HIPAA Complaint can be filed with the federal...Read more »
This last attorney just recently took over my case after 2 other attorneys had also been handling it yet they also had their assistants, paralegals and legal aids be the ones to return my calls and answer my questions that sometimes not even they had the answers to. They have not made an attempt to... Read more »
IF you can find another firm, you could fire this attorney and hire a new one you trust. But you write 2 other lawyers had it also. If they were fired too, a fourth attorney is not likely to take this on. If the insurer is disputing the incident occurred, only then are witness statements...Read more »
I was just diagnosed with cancer (cumulative presumptive work related) last week and my work filled out workers comp paperwork and turned it in. Would I be eligible for another year of 4850 pay since it is a new different injury? I have not received ADPP or retirement pension yet.
I just answered this on Avvo, but I'll repeat it for others reading along: the cancel is a NEW Injury, each injury get 52 weeks of LC4850 benefits, so YES you get 52 weeks of 4850 pay. The adjuster DOES NEED a medical report noting the diagnosis and writing that you are Temporarily Totally...Read more »
I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... Read more »
IF YOU were just a visitor ('invitee') and got hurt at ANY GOVERNMENT facility, you have to tell that Government Agency about the Injury/Loss within 6 months. BUT YOU can prove you have an Employment Relationship, this Government Agency controlled the hours and supplies and ways to...Read more »
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