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Questions Answered by Ruben Montoya
1 Answer | Asked in Workers' Compensation for California on
Q: Do i have to paid back workers compensation back when i get my money.
Ruben Montoya
Ruben Montoya
answered on Apr 4, 2017

You do not have to pay Temporary Disability but you will have to pay back because you are recovering from your injury. However any Permanent Disability payments are advanced payments on the % of your disability which is a factor when you settle. Those will be deducted.

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

I have a workers compensation and PI case open. I was declared P&S almost a month ago and haven't heard from my attorney or any of his paralegals. How soon after P&S should I expect to have the first settlement offer? I do have PD and I'm already receiving PD payments. Thank you.

Ruben Montoya
Ruben Montoya
answered on Mar 27, 2017

There is no concrete answer. If the PTP P&S and the defense is not agreeable they can request a panel from the medical unit. Vice versa if you do not agree with report you can object to it. They can settle based on the report but a time frame consist of many factors. Remember that all PD... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Submitted WC claim in CA for stress in 12/2016 but no response from company once I was laid off. Can I now apply for UE?
Ruben Montoya
Ruben Montoya
answered on Mar 13, 2017

You can apply for UE however you will be stating that you are able and willing to work therefore being contradicting to your injury claimed. If you are not able to work due to your injury you can apply for state disability while your claim is litigated. Also if you file your claimed and were... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Does worker comp insurance cover or do I need to use regular insurance?

My husband injured his back at work December 2015. He has had two separate surgery's on his back. He is still having back pain; and now has weakness and numbness in one of his leg. The surgeon told him the numbness and weakness maybe permitted (the main reason his has the numbness and weakness... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If it was due to the consequence of your work injury then it is workers comp. You need to amend your claim. If you do not have an attorney get one immediately. Good Luck!

1 Answer | Asked in Workers' Compensation for California on
Q: I have been fighting this worker's comp case for 5 years and it has really deteriorate my life but i am ready to settle

how long can i stay on wc inthe state California and can i settle anytime i am ready? i want to work but their QME doctore rated me as 100% and their Qme Psychiatrist stated i dropped from a 24 to a 54 in my psyche but i am ready to settle and move on i have went to the AME 2times and the QME 2... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If you saw two AMEs that means that you have an attorney since you cannot see AME unless you have an attorney. The best person to answer those questions would be him. Good Luck!

1 Answer | Asked in Workers' Compensation for California on
Q: Hello, I got hurt back in 2012, lower back. had wc claim. did the therapy went back to work. back in april '16 I

re-injured the same injury but wasn't at work. I still work for same company. I've been going to my own doctor and a specialist since it happened off of work. I also am not working. Do to the work restrictions my doctor gave. What options do I have of claiming this on the WC claim? the... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If you stayed with the same employer it is very likely that you have future medical open for body parts. Go to doctor and state your back is hurting due to an aggravation of your previous injury. Even if it was not at work it is an aggravation of your original work injury. Good Luck.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Asked my owner why my ot isn't right he said he hired me on at a 4/10 schedule but has me working 5/8,s since I starte

Almost two years ago also got injured at work and he took my sick time and had the dr treat me as first aid any help would help

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

First of all he is not your owner since slavery was abolished. Second you need to talk to an attorney ASAP. Good Luck.

1 Answer | Asked in Workers' Compensation for California on
Q: Workers Compensation

Why I have Court if I settle my case June 30,2016. I suppose to receive two check from two different insurance I receive one already but the other insurance set a day for court.

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

The best person to answer that is your attorney or the insurance company. There is no possible way any attorney can answer the question as stated.

1 Answer | Asked in Workers' Compensation for California on
Q: Can the claimants attorney contact the MSA company to ask for a report stating it isn't applicable to the WC case?

WC case filed 3 years ago and pending settlement. Defense is now asking for MSA when settlement will be close to 100k. I don't get SS yet and was denied but filed for a hearing. I asked my attorney's office to contact the MSA company to ask for a report saying it isn't applicable... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

There are a lot of other factors to consider. Your age (if you are 60 an MSA would be necessary), if you appealed denial you are pending a decision and might be eligible however if this is the case you can submit documentation that you are withdrawing your appeal decision and sign documents that... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I hurt my knee at work in March of 2013. Filed a workmans comp claim. Had surgery in June of 2013. Was released from

Dr in June of 2014. I have not received anything from the workmans company about what happens next or my rights. What should have happened. Should I have been offered a settlement?

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

The doctor should have given you some Impairment rating. You should be getting paid Permanent Disability Advances based on the rating of indemnity. If you did not get indemnity based on report you need to object to it and request a PQME. BUT WHAT YOU REALLY NEED IS AN ATTORNEY. Good Luck!

1 Answer | Asked in Public Benefits, Social Security and Workers' Compensation for California on
Q: What does ssi offer for someone that receives a lump sum so they don't loose there ssi benefits?
Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I slipped in chemicals at work an im still getting Dr bills when it was a wc issue wat do i do
Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If you filed a workers compensation claim you need to serve either the Workers Comp insurance carrier or your attorney. The WCI must take care of the bill and if you went as a work related injury the medical provider should know that they need to file a lien and not bill you directly. Consult... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Is there anyway to reopen a Workers comp case that's been settled for about 6yrs.To have the monthly Modified

Its was put into Annuity

Ruben Montoya
Ruben Montoya
answered on Mar 7, 2017

Not really a WC question. You can call the company administrating annuity directly.

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: What should i do?

The GM at the restaurant i work at is also the HR manager. Knowing this, i have noone to turn to as far as fileing a complaint and dont know what to do about it. I was hired for a specific job in the establishment, yet every chance the managers are given, i am doing extra duties (moving furniture... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You might have a discrimination claim (employment law) and a psych case due to manager singling you out (psych). I recommend that you get a free consultation for both. Good Luck

1 Answer | Asked in Workers' Compensation for California on
Q: I have an open workers comp case. Can they place a surveillance camera on private property to watch me and my family?

I found a egg shaped "game camera" just on the other side of my property pointed directly at my property.

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

They can do surveillance on you however they cannot place cameras on private property without consent.

1 Answer | Asked in Workers' Compensation for California on
Q: What do i do!?

I have a workmans comp case injury. Though it is now closed. I still have medical open. Therefore, my attorney still represents me, with helping get me seen by doctors or on the potential future medical settlement part. The point is, my attorney hasnt got me the help i need. Or the insurance hasnt.... Read more »

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

I do not understand your question or how anybody can answer it. I'll try my best.

What can you do? You can drop attorney and represent yourself on the management of your future medical. The Stipulation you signed (settlement docs) should dictate what body parts you get treatment...
Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I am receiving Worker's Comp. temp. perm. disability. Can I drive for Uber while disable? I am just driving
Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You can if doctor permits it and you are complying with restrictions. However once you work you are no longer temporary TOTALLY disabled and your payments will be deducted or stopped. If you make less driving than what you did at your job you got injured on you can make an argument that they... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Injured my right foot at work and unable to drive and must Uber to and from work. Should they reimburse me?
Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You would need a doctor's report stating you cannot drive. You will then need doctor to RFA (request for authorization) transportation. If they do not approve it you have an argument that you are TTD until you are able to drive. This turns complex and would highly recommend that you talk to... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: My Uncle was permanently disabled on the job in CA, and his settlement required that all his medical treatment and care

related to his disability would be covered for life. The workers' comp company is no longer paying for much of what they agreed to. What can I do? The law firm that handled the claim is no longer in business.

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

We all wish it would be that simple but unfortunately the system is not. In order for your uncle to receive medical attention it has to be requested by doctor in the mpn. After request UR can deny, accept or modify. If they deny or modify you can do an IMR appeal. If IMR denies (very likely)... Read more »

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3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg
Ruben Montoya
Ruben Montoya
answered on Feb 15, 2017

The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can... Read more »

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