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Questions Answered by Gary Alan Jackson
2 Answers | Asked in Workers' Compensation for California on
Q: Workman's Comp is now working with my attorney and WC Judge to come to a settlement. This is a four year situation.

my question (my attorney is out of town and not available to answer this question... Any. the case is about to be

settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON

FRIDAY! Will this effect the settlement outcome in any way?... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jun 16, 2020

only your attorney can provide you legal advise and information about your specific case. you will need to set an appointment to address your concerns with your attorney.

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2 Answers | Asked in Workers' Compensation for California on
Q: I was sent back to work after 2 wks of work men's comp . How long will it take to make a offer to me for my injuries.
Gary Alan Jackson
Gary Alan Jackson answered on May 20, 2020

after 27 years of practice my general impression is that the industrial clinic or company clinic doctors that first assess your injury are generally biased in favor of the insurance company that is paying them. meaning that they often down play the severity of the injury initially and tend to send... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Should I be paid for driving time?

I work as a Foreman for a small company. They provide work trucks with all the tools and equipment needed and I am allowed to take it home but can’t use it as a personal vehicle. However they do not pay for time spent driving to the first site of the day or home from the last site. Now they want... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on May 18, 2020

AT&T IS ACCUSED OF USING GPS TO TRACK WORKERS AND DOCK PAY. A CLASSS ACTION CASE WAS FILED LAST THURSDAY IN A FEDERAL DISTRICT COURT IN CALIFORNIA. I BELIEVE YOU HAVE SEVERAL POTENTIAL CAUSES OF ACTION RELATED TO WAGES. YOU SHOULD CONTACT AN EMPLOYMENT LAW SPECIALIST FOR A CONSULTATION.

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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... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on May 12, 2020

a statement under oath is your testimony as to what you saw, heard, touched, tasted or experienced with your 5 senses. it must be honest and truthful to the best of your ability meaning tell the truth as you perceived it. its that simple. if someone told you something you can put that in your... Read more »

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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

Gary Alan Jackson
Gary Alan Jackson answered on Apr 1, 2020

if you are not claiming injuries then there is no reason to disclose medical information. Just be sure you don't have some silent pathology going on that comes to light later. getting a good medical check up perhaps with an MRI can be very helpful to ensure there is no bodily damage.

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2 Answers | Asked in Workers' Compensation for California on
Q: I got a medical Award in 2005 - neck, back, shoulders, arms, hands.

I had problems with adjuster telling pharmacy not to give me the medication approved by medical board. Finally she gave false information to the medical board claiming most of my injuries weren't approved.

My dr didn't want to fight her anymore and I gave up around 2008 getting... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Mar 10, 2020

if you have an open California work comp award then you can return to a doctor that is on the carriers approved list, called an MPN. you simply as the adjuster for the on line link to the list and find a doctor and ask the adjuster to send an authorization letter to the doctor which the adjuster... Read 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

Gary Alan Jackson
Gary Alan Jackson answered on Feb 25, 2020

Generally you can’t get out of an annuity.

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2 Answers | Asked in Workers' Compensation for California on
Q: What can I do if my job refuses to give security to us when theres a history of sexual abuse and theft on employees?

Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Feb 17, 2020

Wow very sorry to hear of these events in your work place. you have a valid work injury claim for stress in the work place from witnessing violent events. you should also file a complaint with the Dept of fair employment and housing for unsafe work place.

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2 Answers | Asked in Workers' Compensation for California on
Q: One time consultation rendered diagnostics. IA denied sending thru UR. Does Sandhagen apply?

I don't understand how to respond to a lawyer's response to my initial question on this website .. If that is even possible. So I am adding more details in this question. The DA allowed a 1x consult to a neurologist. She put this in writing. Three lawyers down (and three years later... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

My answer urges you consult a lawyer. Not here in bits and pieces but over the phone at least. A carrier can deny a body part but all any manner of consultations. For deniedbody parts a PQME is needed unless the denial is legal rather than medical.

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3 Answers | Asked in Workers' Compensation for California on
Q: Workers compensation Insurance agent didn't send Rfa thru ur?

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 »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

They can do what they want. It’s up to you to know the cases and law why it’s wrong to assert your rights. You need a attorney to do this for you. There are many legal reasons they can do what you mentioned but this does not mean that in your case to have no options. Call an attorney to get... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: Three years post injury, case still open, can I get disability now?

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 »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

Yes you can obtain further TTD, 2 years worth within a 5 year period. You may also have a CT which can extend this. Work comp is very complex. Call for a free and confidential consultation. Work comp attorneys provide free consultations.

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3 Answers | Asked in Workers' Compensation for California on
Q: I just closed my work comp case last year, but symptoms are back, new job and it's hard to work, what should I do?

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.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 15, 2020

You have a new case with the current employer and because your prior case seems to have been downplayed that can benefit you now. You should consult a workers compensation attorney ASAP to flesh out more details, options and rights

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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
Gary Alan Jackson
Gary Alan Jackson answered on Jan 13, 2020

Yes you can get a copy and whether you have an attorney or not it does not cost you, in my experience. I have never been charged for a doctor depo transcript when the defense calls the depo. even when i call the depo i ask the defense to provide the court reporter and they do so since they get the... Read more »

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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.... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 12, 2020

It’s obviously not a law. It’s just your employer saying that. It could possibly be viewed as a violation of insurance code section 1871.4 making it a misdemeanor (a crime) to make statements to deter or discourage injured workers from pursuing their rights to workers compensation benefits.

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