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Questions Answered by Gary Alan Jackson
6 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: If I was injured during work, is my only choice for compensation Workers comp? Why couldn't I get a private attorney?

My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Apr 20, 2023

you have a very valuable work injury case. you have the right to hire a workers compensation attorney of your choice. it costs nothing to hire a work comp attorney.

you may be permanently totally disabled under the work comp law. you should consult with a very experienced work comp...
Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Work injury, reported, filed DWC1 Claim Form with employer and they didn't open claim with Comp Insurance.

Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Feb 27, 2023

your correct. it is not illegal to file your work injury case is the work injury court; workers compensation appeals board and you should do so asap or hire an attorney to do 100% of the work for you. whoever told you that is ignorant of the law but whats worse is not admitting it! your employer... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: My present Lawyer on my Worker Comp Case keep Neglecting to write down my Diagnosis of Cervical Myelopathy on all his Re

I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 18, 2022

It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: My workman’s comp examiner is requesting a doctors notice stating how much time I will be out out in order to approve

An extension to continue payments. The QME ordered further treatment and recommended I see a pain management Dr which I’m not scheduled to see until Feb 22. The doctors notice is due by December 22. If not received I will lose my benefits and my job. What can I do

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 9, 2022

hire an experienced work comp attorney to represent you. it costs nothing out of your pocket and fees are limited to no more than 15% of the settlement amount and generally no fees are taking on your TTD (wage loss payments). if you want to control your case rather than the claims adjuster, hire a... Read more »

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I just got out of the hospital due to work related injuries, my boss contacted me the next day to wok .can he do that

He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 1, 2022

yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.

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2 Answers | Asked in Workers' Compensation for California on
Q: My QME says he doesn’t know why my back is still hurting after physical therapy and chiropractic care. It still hurts

They took MRI’s and X-rays and said that I shouldn’t be in so much pain but I am what can I do? My MRI’s show that I have spinal stenosis and that I have a cyst on my inner elbow from the fall

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 11, 2022

Not much you can do. Some injuries don’t show on testing. California work comp does not pay much for pain only. You can visit a pain management doctor for pain relieving drugs but that’s not a good long term solution either.

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1 Answer | Asked in Workers' Compensation for California on
Q: Hi. My Left Shoulder, Shoulder Blade, Bicep, Radiate Downward to My Wrists, Hand, Palm and Various Fingers Every Nite.

I Can Not Find a Out of State Doctor to Help Me in SC. My last Pain Mgt. Doctor from 2012 to 2019 tried to get Me to Use My Medicare Card. But I told Him. No.

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 14, 2022

if you have a california work comp case and your out of state:

1. ask adjuster if the MPN extends to your state.

2. assuming it does not, ask adjuster if they will send an authorization letter to your doctor (assuming your doctor will treat you if they get an authoirzaton letter-...
Read more »

2 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Hi. What kind of Care Team do I Need in Place if this "Spinal Cord Injury" become close to become Paraplegic or Quadri?

No one in My California Attorney Staff is Not helping Me with Not Any Kind of Information? I have Relocated Across Country. The Hospital or NEither Neuro Specialist will Not Help because it is California Workers Comp Case?

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 14, 2022

the answer depends on the level of funcional losses you are suffering from. work comp may be required to provide any special needs you have so long as your treating doctor documents the need and that the need relates to your work injury at least in part. things such as personal help at home with... Read more »

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1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: I have a "HIKIDA" Case. No Apportioning. Neurosurgeon given to Me. Said His Surgery went Stormy. For Me to Apply SSDI.

My Given Neurosurgeon force this type of Surgery Failed. "FBBS". He Admitted a "Failed Back Surgery Syndrome" he Said. It Caused Me a Brand New Constant Injury to My Left Shoulder. Nitely and Daily. Bicep and Down Arm to Hand and Fingers. Headaches. "Cervical... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 12, 2022

you need to do both. seek the advice of another doctor, consider a med mal case and go for PTD if you cant reasonable return to suitable gainful employment due to the injury. if you have past injuries or any other health conditions, an SIBTF case should be considered as well. call an experienced... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for California on
Q: Help. I Need a Caring Ortho or Neuro Surgeon Doctor for Immediate Assistance. I have a California Work Comp Case.

I Was forced to Relocate back to Hometown by Defense Tactics. I have a Very Severe Spinal Cord Compression Case. With Failed Spinal Neck Syndrome. FBSS. I Presently have 3 Herniated Disc's and Severe Foramina Stenosis. Experimental Surgery the Neurosurgeon Perform without Informing Me... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 7, 2022

Thank you for your comments and I am sorry to hear you are gong through this. Surgery is certainly supposed to improve you. You are describing a possible medical malpractice that requires a specialist attorney to discuss this with you. you should consult a medical malpractice attorney immediately,... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Negligence by my Workers Comp Attorney and his AME Neurologist Doctor. Will not Write Spinal Cord Injury to Neck.

How Can I Report this to the Medical Unit of the WCAB?

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 5, 2022

why do you want to go to the government for help? i would suggest you get your own medical eval to address your dispute with the AME. this is how you attack another doctor on his own terms. let the doctors fight it out. this is how you get it done! use your treating work comp doctor to say how the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Ptp wrote his Assessment PTD. No Lifting Over 5 lbs. My Attorney will not Acknowledge this.
Gary Alan Jackson
Gary Alan Jackson
answered on Jun 23, 2022

you did not ask a question but i can infer that you feel your attorney does not agree you are PTD (permanently totally disabled). you dont tell us any details so i can offer much here. PTD due to work injury or combination of work injury and non work injury issues to support an SIBTF case for 100%... Read more »

Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 1, 2023

Regarding wage claims you need to contact the labor commission. For the work injury case contact an experienced workers compensation attorney ASAP for a consultation.

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4 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: how do i look up worker comp law cases?
Gary Alan Jackson
Gary Alan Jackson
answered on May 17, 2023

Buy a subscription to a law publisher that publishes opinions.

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2 Answers | Asked in Workers' Compensation for California on
Q: Do l continue to get my biweekly workers compensation benefits from the insurance company?

Do l continue to get my biweekly benefits? After being paid for few weeks, insurance company stopped paying after challenging latest doctor diagnosis and want QME claiming permanent and stationary status!! I complied and sent the paper already yet they stopped paying me even though there is no... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Apr 26, 2023

you don't have an attorney to represent you and take control of your case so the insurance company has total control and you are at their mercy. you are acting as your own attorney, but you don't know the rules of the game. they do. you should consult an attorney asap. you have rights... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: My question is will I still get the permanent/stationary payments during the time the two sides work on a settlement

My attorney and insurance company are starting to talk final settlement for my workers comp case

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

You have an attorney so you should already know the answer to your questions. Your attorney is paid to keep you updated and answer all your questions. It would be wrong of me to advise you when I don’t represent you. This is site is for people with no attorney. Talk to your attorney today! Get... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Workers comp agent has yet to send referral for me to be seen after being injured since dec its now march can i sue?

I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 7, 2023

you have an attorney. your attorney is in the best position to answer your questions as he or she is running your case. if your attorney does not communicate with you, it may be time to seek a new attorney.

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal to still not have benefits after WC doctors put me out on TTD?

I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 26, 2022

your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Qme does not specify restrictions are permanent. Recieved returns to work form from primary care. Employers won't accept

5% herniated disc. No bending no stooping but does not specify how long from qme. 5 months later recieve return to work form from primary doctor. Leave of absence team states my qme results say restrictions are permanent. "Permanent" is not in the language. My qme does not specify... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 1, 2022

Workers compensation is complex as you are finding out. Everyone needs an experienced workers compensation attorney to guide them and assert your rights on your behalf. Sounds like you have been representing yourself. Call an experienced workers compensation attorney for a free consultation. It... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: WHERE AM I TO FIND A LAWYER TO ASIST WITH FEDERAL WORKERS COMP CASE AGAINST USPS?
Gary Alan Jackson
Gary Alan Jackson
answered on Nov 22, 2022

Try Max Gest in los angeles. i believe he is on Olympic Blvd. best of luck!

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