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Questions Answered by Gary Alan Jackson
3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: 1 year reporting deadline for filing workers compensation for cumulative injuries clarification?

Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 22, 2024

1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: About How long after QME says I’m MMI, which is soon, will my case settle?

32% impairment rating. employer most likely won’t take me back because of my work restrictions

Gary Alan Jackson
Gary Alan Jackson
answered on Jan 3, 2024

The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then... View More

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4 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can I get compensation for working in a borax mine and ultimately being diagnosed with lung fibrosis?
Gary Alan Jackson
Gary Alan Jackson
answered on Nov 27, 2024

Yes you are describing an injury that occurred at work. You have a work comp case. Of course the carrier will deny it. So hire an attorney and prove it up! It’s easy for you the lawyer does all the wound you pay nothing out of pocket ever.

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2 Answers | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: What grounds is it legal for a state insurance agency to prevent an injured worker from being evaluated to treatment?

I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.

Gary Alan Jackson
Gary Alan Jackson
answered on May 21, 2024

That AI answer is just annoying. Anyway you should call an attorney, one that breathes, and get a real consultation about your rights in your particular situation.

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3 Answers | Asked in Workers' Compensation for California on
Q: 3 disc herniated ,job offered $30,000 for a 12% permanent and stationary disability in California .Is this lowball?
Gary Alan Jackson
Gary Alan Jackson
answered on Apr 5, 2024

Not enough info. Pre or post surgery? Is 12% accurate? Has it been challenged? Is there a second opinion? Is there radiculopathy into lower extremities? You will never get an accurate assessment of your unique case without a personal consultation with an experienced workers compensation attorney.

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3 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: 1 year reporting deadline for workers compensation cumulative injury?

Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 6, 2024

i believe the answer of Arrasmith is AI generated and he did not type that answer himself in real time. its very generic and has no personality, no soul. just saying this so you know that i am a real attorney typing this as i think of the words to say. you dont need to worry about time frames,... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: In California can the 66.66% indemnity paid be increased solely due to a COLA adjustment?

There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Feb 7, 2024

No. the law has no provision for a COLA adjustment for TTD, ever.

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3 Answers | Asked in Workers' Compensation for California on
Q: Have massive injuries looking for work comp atty w/ out tedious intake to get a feel of who you are. Personality very im

Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Jan 24, 2024

work comp attorneys are not allowed to solicit business on this site. you will need to reach out on your own.

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3 Answers | Asked in Workers' Compensation for California on
Q: I work as a caregiver in a facility. Couple months ago I fainted and hit my head hard in the floor.

I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?

Gary Alan Jackson
Gary Alan Jackson
answered on Jan 12, 2024

You will need to show some connection of your work to the fall. Did you move quickly and experience dizziness?

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3 Answers | Asked in Health Care Law and Workers' Compensation for California on
Q: How to get wife paid to take care of me at home. I’ve been deemed 100% disabled from workers comp in California.

What form does my doctor fill out to request my wife being home from work to care for me.

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 11, 2023

Your attorney should have set that up well in advance of a finding of PTD. The way to get this done is to have your attorney take care of it.

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3 Answers | Asked in Workers' Compensation for California on
Q: My cousin injured his hip on his job in the company’s car last year. Follow all the workman’s comp protocols has denied

Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 9, 2023

Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: Work comp finally agreed to pay for caregiver. My son who is a cg for other people has been mine what says law?

I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.

I got approved for 24/7 care

I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 18, 2023

Generally work comp pays the going rate for a care giver. your doctor has to define the exact hours and days needed and for how long. it sounds like you have a significant injury case and you are representing yourself?

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2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Workers Comp Reporting to Occupational Clinic

I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 16, 2023

I am unsure about the other answer being AI generated. Anyway I am a real attorney answering your question. You have to go to the clinic for first visit only. Then you can and should switch to an independent doctor, not one that markets themselves to the insurance companies. This is where an artist... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: My overall body % is 6. I had the tip of ring finger amputated what compensation am looking at.

Was out of work for 16 months

Gary Alan Jackson
Gary Alan Jackson
answered on Sep 18, 2023

I could give you a number but the insurance company will never offer you what they would offer an attorney. you can say all the right words that i tell you to say and still they wont offer you what they would offer an attorney. the reason being the mere fact you are not a lawyer and how do you back... View More

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3 Answers | Asked in Personal Injury, Workers' Compensation and Construction Law for California on
Q: I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured

I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?

Gary Alan Jackson
Gary Alan Jackson
answered on Aug 31, 2023

your homeowners policy could be liable for work comp if the contractor is unlicensed and doing work for which a license is required at the time of an injury to any of the employees. you need to check with his carrier directly and not rely on him to tell you. he can get a policy certificate then... View More

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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Aug 31, 2023

never allow a claims person to choose your doctor. you should hire an attorney to take medical control of your case for you and get your case on track. it costs you nothing to hire an attorney out of your pocket.

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4 Answers | Asked in Workers' Compensation for California on
Q: What is good settlement for a back injury requiring a double level fusion in Ca. Been off work almost 2 years

I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Aug 22, 2023

the problem with your question is no attorney can answer it honestly. you have not provided all necessary information to properly analyse the value of your case. the other problem is, no attorney is going to say its enough in the hopes of landing you as a client and getting at least $18,000 in fees... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: california workers compensation please explain Nunes v WCAB and vocational apportionment.
Gary Alan Jackson
Gary Alan Jackson
answered on Aug 21, 2023

LC 4663 requires a reporting physician to make an apportionment determination and indicates the standard for application of apportionment. There is nothing in the Labor Code that discusses “vocational apportionment.”

Vocational evidence from Vocational rehabilitation experts is...
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3 Answers | Asked in Workers' Compensation for California on
Q: What am I entitled to under worker's comp case with $100000 third party credit if I settle my case?

Have an open WC case since 2021 also a civil suit that was settled for the same body injury. WC paid me 92 weeks of benefits before they stopped. I have 25% disability raiting for arm/shoulder and 8%cervical. Final medical examiner report.

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 14, 2023

it sounds like you dont have a work comp attorney? if thats the case you were cheated by your civil attorney. this is common when you only get a civil attorney and ignore the work comp case. you likely paid 33% to your civil attorney in fees on the same money work comp would have paid you for only... View More

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