I went over the hours the doctor certified me with... but all the times my supervisor had approved my time off but one day my manager tells me that I'm on the FMLA abuse list cause i went over my hours. they didn't even ask me if i can provide doctors notes for the days I left early which... View More 
answered on May 31, 2021
There is no such animal in the Labor Code as an FMLA Abuse List.
That is an internal bookkeeping tool that employer just made up.
Workers us FMLA up to a certain amount, and when all those hours are used up, the employer may reprimand then terminate the worker for absenteeism.... View More
How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.
answered on Mar 2, 2021
AMEs are ONLY for people with a lawyer, so if this doctor is truly an Agreed Medical Evaluator, YOU have a lawyer! So tell your lawyer to schedule the final re-evaluation with the AME ASAP. THAT's why you are paying your lawyer 15% of your recovery!
I have an Attorney , I question his statements Seriously injured in 2017 . First QME report would give me lifetime disability benefits , insurance company sits on report for a year. I go back to same QME one year later , my condition worsening . 2nd report in July 2020 now gives me a rating of... View More
answered on Mar 1, 2021
MAYBE. If there is any NEW evidence the evaluating physician would need to see to render an accurate opinion, then you have to pick a new QME. IF a Party said they planned to depose the QME when they had the records collected and they proceeded reasonably (they didn't wait 3 years before... View More
QME doctor issues 17% in Jan 2021. Claims admin objects to the medical determination, report, conclusions regarding causation, apportionment, disability, impairment, work restrictions and treatment. They want a supplemental report, PQME Cross-examination and to obtain additional records, etc.... View More
answered on Feb 20, 2021
Your options are to file / serve DOR for a trial immediately. Defense has had the QME report for more than a month, it should have obtained these records BEFORE the QME saw you, and the QMEs deposition should have beend scheduled already. YOu are ready for trial for a decision on the jan. 2021... View More
I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... View More
answered on Feb 20, 2021
This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved... View More
My supervisor was written up for my injury and I would like a copy of the disciplinary action. How do I request this document? Can I request a copy of the workers comp insurance carriers investigation? How long does my employer or insurance carrier have to comply with my request for records? I... View More
answered on Feb 1, 2021
You are NOT entitled to another person's personnel file, if that is what you are asking. You would be very upset if a co-worker got YOUR personnel file. Those are transactions between the employer and the worker ONLY. An 'investigation report' is prepared in anticipation of... View More
Hi,
1) What is the maximum percentage from the settlement amount that a a judge could award to each attorney, if there were TWO liens for attorney fees on the case?
2) Is any law or code in this regard in workers comp system and if yes what is that code?
3) If an attorney... View More
answered on Jan 5, 2021
The Labor Code just says 'Reasonable', it doesn't limit the judge to a maximum percentage. THAT said, some WCAB judge award 18% in the 'high rent' regions, most limit it to 15%. The fee withheld is split between all the attorneys who worked on the file. If the... View More
Hi,
I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... View More
answered on Jan 4, 2021
JUST ANSWERED YOUR QUESTION ON AVVO: Be Careful!!!
Yes, if the matter goes on the record, the Judge has to call a Court Reporter. Yes, if you find a serious error of fact or law, you have the right to file a Petition For Recon.
NO, YOU CANNOT judge serve a Petition for... View More
I was informed that I must go over it and sign it in order for it to be valid and used in court. What happens after 30 days? Does it expire? Do I have to do another deposition?
answered on Dec 16, 2020
You really need to remind your attorney to send you the transcript ASAP. At the end of the proceeding, the attorneys agreed to a certain number of days AFTER RECEIPT of the transcript for you to review the transcript and submit any changes. Did your attorney get your transcript? They should have... View More
answered on Dec 10, 2020
The only deadline is BEFORE the Judge issues an order approving a final settlement. Remember: mileage rates change each year. If you are adding up trips from 2017, you have to go get the 2017 form : https://www.dir.ca.gov/dwc/forms-Mileage.html (if that link doesn't take you to Workers... View More
After filling 2 QME forms I sent one to my adjuster and the second to the state compensation places, and this is because my adjuster closed my case because Concentra gave me a zero impairment rating, now I called my adjuster today to confirm he got the mail but could not answer his phone, but the... View More
answered on Oct 21, 2020
The Labor Code FORCES the adjuster to authorize the QME to see you. So this phoning around is 110% waste. You don't need to involve any adjuster anyway. You just mail the completed QME REQUEST FORM to the Medical Unit in Oakland, the po box is posted right on page 2 of the form. If you... View More
My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... View More
answered on Oct 16, 2020
First, your case is plenty 'ripe', scrap that lawyer and get a real lawyer, who needs to rush you far, FAR AWAY from concentra hacks. Next, adjusters blow off people on the phone. Concentra doctors routinely write that patient fully recovered with zero permanent disability and zero need... View More
I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... View More
answered on Sep 28, 2020
You do not have to release the records, BUT the insurer can decide to deny the claim for failure to participate fully in discovery. It shouldn't be permitted but it is. When you ask Workers Comp insurance to pay benefits for treatment and disability, the insurer is entitled to see if you... View More
its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back
answered on Sep 17, 2020
Sadly, the regulations and the California Labor Code let a party delay to obtain all medical and employment records, and get a replacement list of doctors (the QME panel), and the pandemic rules let doctors set appointments out as long as 90 days from the date you call. Your elected officials give... View More
Person works for the airline industry and is being let go as part of airline cutbacks.
answered on Sep 14, 2020
Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... View More
Oc leave i don't know what that is or if i will be paid
answered on Sep 10, 2020
Your employer looks at the doctor's words on the Modified Duty Order. Then the employer decides if there is work there that matches those words or if you need to be sent home. IF YOU ARE SENT HOME try to get something in writing from the employer to show to the Insurance Adjuster. The... View More
how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?
answered on Aug 21, 2020
Sorry, from just this, nobody can know.
Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.
Did a WCAB Judge make a Finding and Order that you have a certain percentage... View More
My mother who is an immigrant and an employee of a company where she works as a farm worker in California, was recently put on workers comp due to her having nausea and dizziness that made it unsafe for her to work. after getting the OK from her doctor to go back to work, she went to the main... View More
answered on Aug 12, 2020
Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this... View More
Face forward down the steps. My employer stated this was not a workers comp case since being at the hotel “ was like being at home and I was involved in a leisurely activity”.
answered on Jul 31, 2020
Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool... View More
Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... View More
answered on Jul 24, 2020
1. APPLY FOR UNEMPLOYMENT INSURANCE IMMEDIATELY. You were Unemployed the day after the QME found you were at Maximum Medical Improvement. When the QME wrote permanent work restrictions the employer cannot accommodate, you became Unemployed. You need to set up an account at www.edd.ca.gov .... View More
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