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

First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the... View More

The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More

1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine

2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP

3) If you don't receive the medical records promptly request a court date and have the WCJ... View More

yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.

Normally to receive WC benefits you must attest that you... View More

You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options... View More

I am in agreement with Mr. Fazzi. If your attorney served the employer with the Application and supporting materials with a proof of service, there should be no issue with the insurance carrier because the employer has a duty to notify its insurance carrier that a claim has been filed. As for... View More

That's not true. The first answer you received was the answer. I tired to provide you with help so perhaps you could find a new attorney. It seems that all you want is to rant. Perhaps you should ask the first attorney if he is willing to fund a malpractice case for you. I will wager that... View More

No. No increases recalculations are done until after two years. You are asking about one year. There are exceptions. If you are not represented you can speak to the Information and Assistance officer or see an experienced attorney.

If you have an award in place, then yes you can pass the statutory maximum for TTD with COLA, but this most often happens when you are received 100% awards of PD at the TTD rate..

You are confused as there is no 104 week cap on TTD benefits for a 2003 claim

While you are specific in saying you want a WC attorney, you are vague with your description of injury.

For your information, I typically stay away from psyche cases due to complexity. The good faith personnel defense stays benefits for years and present an ugly experience for an... View More

It is only a part of the C&R if you agree to include it, so I am confused at the question in the first place.

Who is going to punish the Insurance Company? File for Penalties

File for an Expedited hearing and use the PTP reports to justify continued payments of TTD.

The QME has exceeded the scope of the evaluation as QMEs no longer control medical treatment. If your treating physician asked for an epidural, then the carrier needs to send the request through UR and IMR. I say this because an epidural is not a diagnostic, but treatment. Rest assured the carrier... View More

It's EDD, is a state agency that was overwhelmed before the Pandemic and has never caught up. At least you are not being evicted. I have a client who had everything resolved with EDD about three weeks ago, but the paperwork still has not gone through. He has until Sunday to pay five months... View More

Unfortunately I do not see a question here, just multiple complaints about the California workers compensation system.

You can always represent yourself if you are unhappy with your current attorney.

Within 5 years of the date of injury the court has more authority than after due to LC 5410. However, if you reopen your claim, are you prepared to pay back defendants the money they paid in good faith to settle the case? If not, then the answer is no.

Yes this should be considered a new injury. You should file a DWC-1. What is important here is that a new injury will reset the 104 week cap on TTD benefits if you can establish some additional injury from the incident. Yes, the TTD for this new claim should have a higher TTD rate than the 2020... View More

Yes. You can appeal anything. Whether or not you can succeed is a different question. You don't explain the reasons for the furlough so no one can say whether or not you will succeed.

Yes, but the real question is whether or not you get paid by the WC carrier.