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Questions Answered by Ronald Mahurin
1 Answer | Asked in Workers' Compensation for California on
Q: As an injured worker from 03 & 05 with future medical. My former employer rep has not notify my request for medical.

In March 2022, I contacted my lawyer who rep my case and the insurance company to get medical help with my injured back from 2003 and 2005. My rep has been inconsistence in returning my calls and/or not returning my request for medical advice. The one response I received from my lawyer was... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 7, 2022

what I do in these older cases when I have medical treatment issues is as follows.

1) Document all doctor visits. If there is no treatment for some time request an appointment with the doctor in writing. Document the response. If the doctor is no longer in practice, go back to the MPN and...
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1 Answer | Asked in Workers' Compensation for California on
Q: The Settlement of $20,000 means that we are paying $3480 of the Permanent Disability to your mom’s knee plus $16,520.

Please help me understand in simple terms? What money is she getting at the end

Ronald Mahurin
Ronald Mahurin
answered on Sep 1, 2021

I regret to say that your question cannot be answered without more information. The obvious explanation is that defendants are paying a remainder of permanent disability in a lump sum of $3480 and about $16,000 to close out future medical treatment, but again I cannot say without more information.

1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for California on
Q: I was assaulted at work by a co worker with a box cutter, i would like to know what my legal option are.

He is in jail awaiting trial, and im going through PTSD due to what happened and im currently not working. I have filed worker's comp, but have not heard back regarding this and its been over 1 month already.

Ronald Mahurin
Ronald Mahurin
answered on May 18, 2021

In situations like yours it is best to get an attorney right away. You say you have PTSD. Really? Is that your diagnosis or a physician's. If a physician says PTSD, then you can probably qualify for TTD. If it is your opinion, it's worthless. You will need a medical report establishing... View More

2 Answers | Asked in Workers' Compensation for California on
Q: Trial scheduled for disputed attorney fees.

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

Ronald Mahurin
Ronald Mahurin
answered on Jan 4, 2021

1) If the WCJ believes testimony is needed, then there will be a court reporter, otherwise most everything will be done in the WCJ chambers.

2) Yes you have all the rights available with respect to any trial result.

The attorney is entitled to payment Quantum Merit. That means...
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1 Answer | Asked in Workers' Compensation for California on
Q: Please help with choosing a doctor I received my panel

F

Ronald Mahurin
Ronald Mahurin
answered on Nov 30, 2020

I cannot do anything without their names

Ron Mahurin

Northerworkerscomp.com

2 Answers | Asked in Workers' Compensation for California on
Q: How do you write a settlement demand letter?

I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .

Ronald Mahurin
Ronald Mahurin
answered on Nov 21, 2020

Assuming you have completed all the evaluations and have served them on the SIBTF, you simply need to send them a letter with your demand. It's not that complex. However, getting the case ready for a hearing is, and note the SIBTF will not respond to a demand unless the case is ready. This... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Dismissed Attorney fee dispute held in trust account after an Approved C&R.

Hi,

Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 16, 2020

By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case.... View More

3 Answers | Asked in Workers' Compensation for California on
Q: workers comp- Cant get hold of my adjuster and his supervisor but apparently the case has been closed

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

Ronald Mahurin
Ronald Mahurin
answered on Oct 16, 2020

Call the information and assistance office in Sacramento, or put the case on Calendar by filing a DOR on the issues you have listed in your question.

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3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

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

Ronald Mahurin
Ronald Mahurin
answered on Sep 16, 2020

So do you have a question, or are you just ranting?

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2 Answers | Asked in Workers' Compensation for California on
Q: My wc claim was denied at day 92. Decision date was set for 8th and the response letter was dated 10th.

What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.

Ronald Mahurin
Ronald Mahurin
answered on Jul 21, 2020

Ms. Wallace may be wrong. The 90 presumption only applies upon receipt of the DWC-1 form, at least says the Supreme Court. So if you did not file a DWC-1 claim form with the employer, there is no 90 day presumption. As for the anxiety claim, it's impossible to say without more information.... View More

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3 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I won my workers comp case after 2 yrs. & need to pursue the 132a that was filed. My lawyer doesn't handle 132a.

I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.

Ronald Mahurin
Ronald Mahurin
answered on Jul 19, 2020

The problem you have is that the real money in a 132a discrimination claim before the WCAB is an award of wage loss. In order to qualify for wage loss you must be willing and able to work. Therefore, any time you were off work due to your injury does not count. Otherwise, the maximum award is... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Do I have to accept what they offer?

If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?

Ronald Mahurin
Ronald Mahurin
answered on Jun 6, 2020

Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I am preparing a "witness affidavit" statement. I am going to have it notarized.

Upcoming Workman's Comp trial. I am the Witness and am preparing a Affidavit that will be notarized.

I did not see the object fall on this person, but I was called by cell from the injured person. I went and

found this person under a large dry erase board on top of her. I... View More

Ronald Mahurin
Ronald Mahurin
answered on May 12, 2020

You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating

I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true....
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1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Short term disability application : workers comp related or not.

If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?

I would rather... View More

Ronald Mahurin
Ronald Mahurin
answered on May 4, 2020

The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I... View More

1 Answer | Asked in Workers' Compensation for California on
Q: What are good reasons required for change of venue in california workers comp? I need to move 400 miles away.

I have psychological reasons: ptsd, anxiety & physical: back & knee that make travel difficult

Ronald Mahurin
Ronald Mahurin
answered on May 4, 2020

All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.

1 Answer | Asked in Workers' Compensation for California on
Q: What should I do about a separation letter,

I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... View More

Ronald Mahurin
Ronald Mahurin
answered on Apr 8, 2020

This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.

2 Answers | Asked in Workers' Compensation for California on
Q: I didn't file a workers comp or requested payment but workers comp want my medical information. Do I need to release it

I had a car accident no injuries or lost of work

Ronald Mahurin
Ronald Mahurin
answered on Apr 1, 2020

I am a little confused. I am guessing that you have an open medical award or an open workers compensation case and the carrier is looking to see if there is treatment overlap, for example if you hurt your neck in the car accident and had an award for neck treatment or have claimed a work neck... View More

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2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin
answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: California worker’s compensation question regarding law enforcement

I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled

Ronald Mahurin
Ronald Mahurin
answered on Feb 22, 2020

yes

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