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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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2 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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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 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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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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5 Answers | Asked in Workers' Compensation for California on
Q: I have a comprise and release settlement option for my workers compensation claim.

Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 21, 2023

You should have hired an attorney to represent you in your workers compensation case. It’s very complex. A C&R typical says your settling all issues generally even ones that don’t apply to you directly. FYI no insurance company will ever offer you a fair and proper settlement. Why should... View More

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4 Answers | Asked in Workers' Compensation for California on
Q: Do I have to resign if I am offered a comprise and release settlement for my work comp case?

The compromise and release offer was made after returning to work in my official capacity almost 3 years ago. There are no stipulation stating so.

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 19, 2023

Yes most carriers will not C&R Your workers compensation case if they still insure your employer where the injured occurred and your still an employee of the same company. Arrasmith answer is wrong in that there is no law governing this. It’s a policy of most insurers. If you don’t agree to... View More

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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... View 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...
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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... View 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... View 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... View 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... View 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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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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