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Questions Answered by Bianca Estella Kushner
3 Answers | Asked in Workers' Compensation for California on
Q: can I Withdraw my signature from the settlement if it hasn’t gone through ?

I recently signed a SIp Feeling that it was a low offer but taking the deal is several months ago I was in desperate need of the money. It’s been several months and I keep getting the runaround from the insurance company. They claim information was filed wrong from the company I’ve worked with.... View More

Bianca Estella Kushner
Bianca Estella Kushner
answered on Jan 25, 2020

As long as there is no approval by a judge, then you can still withdraw from the settlement. Make sure to notify the claims examiner by phone and in writing that you are withdrawing from the settlement and seek legal assistance immediately.

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4 Answers | Asked in Workers' Compensation for California on
Q: if the deposition of a doctor in a work comp case is taken, is the applicant party entitled to a free copy of transcript
Bianca Estella Kushner
Bianca Estella Kushner
answered on Jan 13, 2020

The applicant's attorney can file a lien for Medical Legal costs and get reimbursed for any charges, same as the fees for the doctor's costs. Usually the court reporter submit their billing directly to the insurance company.

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3 Answers | Asked in Workers' Compensation for California on
Q: my job has told me I can't leave my house from 8am to 5pm while i am out on workers comp. is that legal????

Good Afternoon,

I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.... View More

Bianca Estella Kushner
Bianca Estella Kushner
answered on Jan 12, 2020

Your attorney might want to check with the defense where there is any rule in the Labor Code supporting that requirement. That requirement would be illegal, for what if you have any doctor's appointments. It appears that they are trying to harass you.

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2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.

I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one

Bianca Estella Kushner
Bianca Estella Kushner
answered on Sep 13, 2019

It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.

If the issue is a denial of the injuries, then you should be...
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3 Answers | Asked in Workers' Compensation for California on
Q: Can I add my previous work related injury to my other work related injury workers comp case?

I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... View More

Bianca Estella Kushner
Bianca Estella Kushner
answered on Sep 7, 2019

Since you did report the injury at the time of the fall, the employer should have provided you the claim form and process your injury claim.

We could try to add the injury claim with your back claim, and the settlement appears low when you report that you have two herniated discs. If...
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