I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... Read more »
You may NOT pursue a 'Personal Injury' claim against an employer. The Civil Court judge will dismiss your case, as the Civil Code and the Labor Code make clear the ONLY remedy for an injury on the job is through the Workers Compensation Act of the Labor Code of California. ONLY if the employer...Read more »
I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... Read more »
All i can tell you is there is a Statute of Limitations requiring you provide notice -- generally written -- to the employer you are claiming a work injury within one year of sustaining this injury. So if there is a old writing in 2016 that you could convince a judge put the employer 'on notice'...Read more »
Maybe that's too long. Your attorney should have provided a crystal-clear explanation as to why the other physicians available were the wrong ones and why waiting 6 months for this one was the best strategy for you.
If it's a denied injury and the 'workmans comp' doctor is actually an...Read more »
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... Read more »
NO. You don't 'ADD' one injury to a different injury. YOU CAN ADD body parts for one injury date. EACH DATE OF injury gets a separate state case number and is separated (unless and until there is some motion that a judge must hear them together). You write 'i never put in a claim' and a...Read more »
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... Read more »
YOU HAVE a Workers Comp attorney, THAT is who should be (1) answering these issues and (2) rushing to an appeal of the denial of the surgery on the other hand. The Termination will probably stop the workers comp judge from awarding you any Temporary Disability prior to the surgery date. If the...Read more »
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »
The Statute of limitations requires you provide written notice to the employer within ONE YEAR of the incident resulting in injury. If it's a substance or latent chemical poisoning, it's one year from the date you were notified the exposure was at work. The Workers Comp judge would quickly...Read more »
We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his appointments,... Read more »
The Stipulations With Request For Award agreement does NOT guarantee the insurer will agree to any surgery. Yes, even if the doctor writes he 'desparately' needs it. Your elected officials put in place laws that let a reviewing doctor will never see the injured worker write a report that says the...Read more »
There are no set Forms for the actions you listed. Most are done by written petition, citing a regulation or labor code or code of civil procedure section upon which the judge may relay to grant the requested relief. And any petition must be verified, another pleading for which there is no...Read more »
My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... Read more »
Sadly, a finding by a QME that you are Temporarily Totally Disabled for particular dates may not be enough to require the Adjuster to pay TTD. IF the employer is saying the injury is not industrial and the employer wants a trial to try to prove the QME got it wrong, the adjuster won't pay. If...Read more »
If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... Read more »
As long as the insurer is providing any form of benefit, the insurer is entitled to discovery about the injured worker. While discovery is 'closed' at the MSC (mostly), discovery is closed on the precise issue(s) to be submitted to the judge for determination, not on the entire claim. If the...Read more »
I was going to give you Neil Pedersen's phone number and advise you schedule a meeting TODAY, but then i see he already answered you! THIS IS NOT workers compensation (unless you sprained your spine requesting your check). IT IS a valuable Employment Law violation claim, do not try to resolve...Read more »
I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... Read more »
There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights...Read more »
While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... Read more »
If there is no 'employment relationship' between this business with the trapped animal (which would have been dead in 2 weeks with no water...??) and the people signing your paycheck, then your claim would be dismissed at the Workers Compensation Appeals Board. IF you were rendering a...Read more »
I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?
Only witnesses listed on the Statements of Issues and your evidence list can be called to prove your case. if you have a witness that can dispute testimony of the defense witness, you might be permitted to call that person not listed as a 'rebuttal' witness. The judge does not dictate any...Read more »
My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »
You have a lawyer, you will be paying that lawyer thou$ands or ten$ of thou$ands, you should be speaking with her. that said, if this doctor is truly an AGREED medical evaluator , then no, all parties should be writing to this doctor as the AME. If the doctor thinks he is a Qualified Medical...Read more »
It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently...Read more »
I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... Read more »
If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to...Read more »
Yes, i'm quite surprised you were given a date if the Petition For Reconsideration was on file. EAMS should have stopped your DOR from generating a date, but it isn't fool-proof. When a party gets a date and swears under penalty of perjury they provided a copy to the other party and they did...Read more »
And I have arthritis from it they are offering me 27,000 and a school voucher to settle I want to ask for more does it seem like a good offer? And also the QME doctor recommended that I see a psychologist my lawyer said that even if I see one I will not get more money if they say I have a mental... Read more »
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