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Questions Answered by Nancy J. Wallace
1 Answer | Asked in Workers' Compensation for California on
Q: At a c/r settlement hearing they brought a totally different contract that i signed but didnt realize all of the errors

the facts of my injuries were of another person same name employeer simular injuries and hipaa problems

Nancy J. Wallace
Nancy J. Wallace answered on Feb 19, 2020

If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon... Read more »

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 18, 2020

When you were sexually assaulted at the store, that should have generated a police report, Get that, you will need it to pursue a workers compensation claim. I've got another girl who had a weirdo grab her from behind but because it was off camera and no co-workers witnessed it and the co-worker... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: can I Withdraw my signature from the settlement if it hasn’t gone through ?

I recently signed a SIp Feeling that it was a low offer but taking the deal is several months ago I was in desperate need of the money. It’s been several months and I keep getting the runaround from the insurance company. They claim information was filed wrong from the company I’ve worked with.... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 25, 2020

YES. You have to make it crystal clear in writing: have the insurer's claim number AND the WCAB case number on the letter. attach the Proof of Service by Mail to the letter showing to whom you mailed copies of the withdrawal of assent to the PROPOSED STIPULATIONS WITH REQUEST FOR AWARD.... Read more »

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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 )and it... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 21, 2020

A 'consult' means ONLY that you are face-to-face with the physician. it DOES NOT include anything else. Your question presumes that if consulting physician suggests a test, the approval of the consultation magically approves any testing suggested. IT DOES NOT. WRITE and visit and petition... Read more »

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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 bypass... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 21, 2020

When I get an RFA and the denial appears deficient under LC4610, i file for an Expedited Trial and get the problem before the WCAB Judge as fast as possible. If the RFA was done properly and there is good proof of that, the judge can make the decision instead of a UR 'doctor'.

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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 »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 21, 2020

You're 'on track' in Dallas, TX for a California comp injury??? You cannot get PD 'if a doctor requests'. You only get permanent disability IF (1) a Treating PHysician elected from the insurer's Medical Provider Network -- the MPN -- writes that you have Whole Person Impairment, and does so... Read more »

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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
Nancy J. Wallace
Nancy J. Wallace answered on Jan 15, 2020

The Injured Worker's REPRESENTATIVE gets one copy of the transcript. So, if you have an attorney, you get your copy through your lawyer. If you do not have an attorney, the court reporter was to mail your copy of the transcript directly to you, no charge. (and if you have a lawyer, you should... 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.

The... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 15, 2020

First, it IS 'constitutional' because there is no police power involved. When you go out at 9am, no one can arrest you for that.

Second, I have never had this occur in any claim I've had, either on the defense side or the applicant's side, and I've been at this since 1987.

Third,...
Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: What is the statue of limitations if i was stabbed on the job 11/7/18.

Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 15, 2020

You have ONE YEAR from knowledge of a workplace injury to notify the Employer you seek Workers Compensation benefits.

I presume that this 'notification' was done in some form when you went to the hospital for the stab wounds if you directed the hospital to bill the employer for treatment....
Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?

I'm asking because my employer told me I have to go on my time ..

Nancy J. Wallace
Nancy J. Wallace answered on Nov 5, 2019

Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are seeing... Read more »

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Where can I find a personal injury lawyer for a work re!ated injury?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Oct 14, 2019

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 »

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Is there anything I can still do?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Oct 1, 2019

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 »

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2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.

I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one

Nancy J. Wallace
Nancy J. Wallace answered on Sep 13, 2019

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 »

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3 Answers | Asked in Workers' Compensation for California on
Q: Can I add my previous work related injury to my other work related injury workers comp case?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Sep 9, 2019

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 »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for California on
Q: Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Sep 4, 2019

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 »

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2 Answers | Asked in Health Care Law, Workers' Compensation, Employment Law and Civil Litigation for California on
Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Aug 1, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on
Q: What can workers comp do for me after I’ve been terminated? Employer submitted my form after my termination.
Nancy J. Wallace
Nancy J. Wallace answered on Aug 1, 2019

Workers Compensation INSURANCE must provide 'reasonable treatment' and -- if appropriate -- temporary and permanent disability payments.

Trouble is, if the 'comp clinic' releases you to modified duty, you won't get work and you won't get Temporary Disability.

So it is crucial that...
Read more »

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Q: Am I entitled to TTD benefits if the QME reported 3X I was TTD and could not return to work under no circumstances?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Jul 10, 2019

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 »

3 Answers | Asked in Workers' Compensation for California on
Q: Any options when workman comp administrator not following court settlement?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Jul 10, 2019

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 »

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Q: I live in CA. I am not represented. What would be the appropriate DWC forms to address the following?

* FORMS TO FILE PROTECTIVE ORDERS

* SEAL MEDICAL RECORDS

* FORMS TO FILE OBJECTIONS

* FORMS TO FILE SANCTIONS

* INFORMATION ON SUSPENSION OF DEPOSITIONS

* FORMS TO MAKE A REQUEST FOR REIMBURSEMENT FOR MILAGE, EXPENSES, TTD OR PAST DUE WAGES & JOB DISPLACEMENT... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jul 10, 2019

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 »

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