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?
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...Read more »
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.
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... Read more »
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.
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...Read more »
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...Read more »
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
Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to... Read more »
I disagree with the other attorney in that adjusters can do what they want, subject to penalties for failure to perform their duties. The question cannot be answered without knowing the relationship between the PTP and the secondary PTP, or how you got to a secondary PTP. If secondary PTP sends...Read more »
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... Read more »
Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.
If you settled by Compromise & Release, then you are out of luck. Most likely any new proceedings will apportion your problems to the old injury. If you settled by Stipulations with an open medical award, you can reopen the case within...Read more »
If there is no attorney, yes, but you may have ask the defense attorney for a copy. If there is an attorney, then no. You should ask your attorney for a copy. However, in some instances the doctor will specify that the applicant not be given a copy. This happens in psyche cases wherein the doctor...Read more »
If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?
If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company... Read more »
I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve... Read more »
For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.
Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.
I am making no progress, in tremendous pain do to... Read more »
Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have...Read more »
We JUST sent their atty our denial through our workmans comp atty, and our atty just told us she’s sending it to the DA? I’m confused. Doesn’t it stay within our atty’s hands unless we can not agree then it goes to the court? We do believe it’s a Fraudulent case so could our atty be... Read more »
The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.
The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.
I had a workers comp case, my lawyer was able to close only part of the case, leaving the medical part open. However, with the compensation I obtained from the 1st part closed, he took his payment, told me he was done with the case and was no longer representing me and gave me a letter of... Read more »
Yes this is legal. The attorney is entitled to fees on the remaining part of your case. In fact, the court will probably not allow the case to settle unless the issue of attorney fees is addressed. Most often the carrier adds a bit more to the settlement to cover fees, so it should not cost you...Read more »
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