Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nancy J. Wallace
1 Answer | Asked in Workers' Compensation for California on
Q: I need immediate help with very severe Numbing and Tingling. I have a lawyer whom want answer calls. Need Neck Surgery.

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 27, 2022

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 »

1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

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

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2022

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 Answers | Asked in Workers' Compensation for California on
Q: Can I reopen a work comp case after a compromise and release settlement?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 16, 2022

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.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: CAN A WORKMANS COMP ATTORNEY TERMINATE WORKING FOR ME BECAUSE I CC: THE DEFENSE ADJUSTER A QUESTION ABOUT MY WAGES?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 14, 2022

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 »

3 Answers | Asked in Workers' Compensation for California on
Q: In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low

My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 13, 2022

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 »

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I am licensed in California (41 years). I have a workers comp patient ( claim denied) who moved to Tennessee.

May I continue to provide teletherapy treatment ( no more than 12 sessions per year)?

Seth Hirsch,PhD ( hirschphd@aol.com). Thank you.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 14, 2022

There is nothing in Reg 9728 that says where the patient is... Presuming you have the Authorization from the Carrier in answer to the RFA and it's been okayed by UR, you should do it and get paid.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Can you please refer me to a couple of good work comp attorneys in Ontario Californiaj

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2022

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 »

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I think I need a lawyer I want this taken care of

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2022

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 »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?
Nancy J. Wallace
Nancy J. Wallace
answered on May 19, 2022

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 »

2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Nancy J. Wallace
Nancy J. Wallace
answered on May 18, 2022

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 »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on May 4, 2022

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 »

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Does one need the 'Right to Sue' document when trying to retain an attorney in a class action suit?

Can an attorney move forward in a class action suit against an employer. (A state agency) or is the "right to sue" process necessary? Or what is the process to initiate a class action suit

Nancy J. Wallace
Nancy J. Wallace
answered on May 2, 2022

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 »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Apr 27, 2022

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 »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: F/U question. How do we find out which items r agreed upon prior to the MSC conference? When you don't have an attorney

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

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 »

1 Answer | Asked in Workers' Compensation for California on
Q: Psych/Psych claim against VERY major employer. I'm running out of time that I can be off work. What will happen at MSC?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

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 »

1 Answer | Asked in Workers' Compensation for California on
Q: Why is it so difficult to get an attorney for a psych workers comp case?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

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 »

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal options for tort claim against unauthorized medical records release

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 10, 2022

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 »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: My attorney os not honest with me and accepted a settlement without my authorization. What can I do?

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 28, 2022

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 »

1 Answer | Asked in Workers' Compensation for California on
Q: I was on 4850 pay from June 2020-June 2021. Then on TTD from June 2021-Jan 2022. Now on PD.

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.

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 16, 2022

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 »

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

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 »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 28, 2021

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.