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Questions Answered by Nancy J. Wallace
2 Answers | Asked in Employment Law for California on
Q: I worked at a pizza chain in CA. On 7 hour shifts, My boss said take 1 rest and 1 meal break. Was I entitled to 2 rests?
Nancy J. Wallace
Nancy J. Wallace
answered on Nov 14, 2023

YOU ARE CORRECT. California Law gets you 1 PAID 10-min (uninterrupted!) break after 3.5 hours, then a second after 6.1 hours. You must be allowed your unpaid meal break (30 min minimum) within 5 hours of starting the shift. You cannot be required to work during any required rest breaks. [Cal.... View More

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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.

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 14, 2023

My clients who have had some success with this are without assets and entitled to In-Home Support Services, IHSS. So the Treating PHysician writes you require HOME HEALTH CARE with a Care Provider, You apply to In-Home Support Services IHSS for a caregiver and your wife applies to be your... View More

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Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.

I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 13, 2023

Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Workers comp questions

Hello, I had a couple questions about a potential workers comp case. First of all, what is the likelihood of winning a wear and tear injury case that wasn't the result of an isolated incident/accident? I work somewhere where I stand on my feet all day and do a lot of heavy lifting and I have a... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 22, 2023

Likelihood of 'winning'=50/50. depends on what medical records reveal. If you've been Russian Dancing and Trick Riding on your free time, the insurer can deny it and then you have to convince an independent doctor that the tear came from work and not jumping off and on horses.... 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

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 19, 2023

Rules require we adjust that 6% Whole Person Impairment by age and occupation. AGE: If you're 38 or less, it goes down a little. If youre 39 or older, it goes up. OCCUPATION: if you're a lawyer -- not physical at all -- it goes down. If you're a heavy equipment operator or a... View More

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2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2023

If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More

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2 Answers | Asked in Employment Law, Contracts and Workers' Compensation for California on
Q: 1.doctor has me to have returned to work with restric.2.doctor has restriction job said no . lifemed was settled in 20

2nd workers comp case was settled in 2014 lifetime medical .other workers comp case lawyer has settlement in future to be done 2nd case not being handled by lawyer because already settled back in 2014. lifetime medical doctor had me to work but job said I have to apply for their insurance to secure... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2023

I'm certain I've answered this but I'll try once more. You settled the 2014 claim by Stipulations With Request for Award which included 'need for treatment' on the accepted injured body part (which isn't quite 'lifetime medical' it is only the right to go... 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

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 1, 2023

There is no penalty for an adjuster not answering you. But it guarantees you are going to hire a lawyer. An experienced attorney can elect a physician outside the network when she shows there are no available specialists inside the network. Sounds like you really need a Pain Management... View More

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4 Answers | Asked in Employment Law, Real Estate Law and Landlord - Tenant for California on
Q: I have stayed "rent free" camping next to a vacant office bldg as 'caretaker' but not paid 5yrs. What rights do I have?

I have not been provided access to utilities (water, electricity, sewer). The landlord has tried to make sure I am 'not considered a tenant' by allowing me to put utilities in my name, use as a mailing address, et cetera. He asks/requires me to be security / caretaker and I have to do... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 18, 2023

I'm wondering if there is a typo here. You write the landlord does not want any tenancy relationship BUT then it says 'allowing me to put utilities in my name". If utilities are in your name, and you get your mail there, there is a tenancy.

But it sounds as though there is...
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Q: When preparing to sign a compromise and release agreement for work comp case what exactly am I giving up besides future

M3dical treatment?

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 26, 2023

It completely depends on what the writers put in the agreement! Most of the time, you agree to release all possible claims against the employer, a 'general release'. The WCAB Judges are NOT supposed to approve that language but many do. So if later you find out you got cancer from... 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.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2023

If you genuinely cannot tell is this agreement does not require a resignation, YOU SHOULD NOT BE REPRESENTING YOURSELF! You could be giving up more than the job! 95% of Compromise & RElease Agreements are offered because the injured worker is no longer performing the pre-injury work, and is... View More

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3 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: I am a cheer coach in the state of CA, under the USASF, and someone has made false allegations against me
Nancy J. Wallace
Nancy J. Wallace
answered on Jun 20, 2023

With regard to California Workers Compensation, about all that false allegations might do is generate an Injury to Psyche, a psychiatric injury. I generally advise AGAINST filing a claim for a Psychiatric Injury if at all possible. If you later have a child custody dispute, an aggravated... 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.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 19, 2023

NO. You don't have to resign. But if the offer is only good IF you resign, and you want that offer, then you have to resign. Many people wait to do the Compromise &Release Agreement until they are about to retire or move, until they are ready to resign. If you like this job and need... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: My case was settled in 05. Just found a prescription for orthopedic mattress written in 03. Is it still valid? CA here.
Nancy J. Wallace
Nancy J. Wallace
answered on Jun 12, 2023

You're trying to collect on a 20-yr-old prescription? no. if you closed the claim with the Compromise & RElease Agreement contract, that shut down all requests for anything from the insurer back in 2005. If you resolved using STIPUATIONS WITH REQUEST FOR AWARD, that one keeps Future... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: Is it legal for an insurance company to stop paying benefits without medical validation by challenging their own doctor?

The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Apr 27, 2023

NO! The Labor Code DOES NOT permit the Adjuster to stop TTD payments just because she thinks you aren't totally disabled any longer. SOLUTION: (1) apply for State Disability Insurance -- SDI -- at www.edd.ca.gov immediately, as it takes at least 10 days. EDD will want to see the copy of the... View More

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4 Answers | Asked in Workers' Compensation, Employment Law and Employment Discrimination for California on
Q: In June of last year my attorney filed my claim for workers comp, I thought, she has been after the wrong ins. Now what?

She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 18, 2023

You are free to get a new attorney at ANY time. It sounds like there is no actual attorney at the group you had, just an 'assistant'. If the claim were mailed to the employer, the employer would have forwarded it to their CORRECT Insurer; so it appears the claim wasn't properly... 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?

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 18, 2022

If you're in Charlotte North Carolina, that state has entire different regulations for Workers Comp ratings. You've asked your question about CALIFORNIA Labor Code rules and regulations. In california, it makes NO DIFFERENCE if your lawyer writes 'Myelopathy' or Impingement or... View More

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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... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 1, 2022

Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: while on workmen's comp our union negotiated a bonus and a 4% retro to July 2021, would I lose any of this or get

deducted while on workmen's comp??,I was just wondering If I will be deducted the bonus or lose any of the current 2/3 that I am being paid at the moment since I am to receive a bonus and back pay

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 22, 2022

Sorry, NO. The Labor Code limits you to 2/3 of your 'Average Weekly Wage' AT THE TIME OF INJURY. But not after wage negotiations. So all the adjuster has to pay is 2/3 of what you earned at the moment of injury. IF you worked and earned wages (not TTD disability payments, just Wages)... 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…

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 1, 2022

Do you have a written OFF WORK ORDER? The boss IS entitled to see that. Do you have a Work Status Report indicating you are able to perform modified duty work? The Boss IS entitled to see that. The Boss is entitled to inform you if you remain off work without written Off-Work Orders that he... View More

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