You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More

Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.

The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More

You had pain in joints you KNEW to be "exacerbated by work". THAT could be found by the WCAB Judge to be knowledge of an industrial injury. Then there were MRI studies showing damage; that could be knowledge of an industrial injury (unless you know that damage occurred some other way).... View More

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

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

i think i just answered this on Avvo!!! again, YES you get a paid, uninterrupted break after 3.5 hours, you get an unpaid meal break of 30 minutes, then you get another paid 10 minute break after 6.1 hours. There's a case decision that says the work can forego or give up their 2nd break... View More

I'm confused; your name is Charlotte North Carolina but you want California Work Injury answers. Is "it" too late? Impossible to say, from this. I see no date of work injury. I see no indication from you the employer was ever notified of any work injury. YOU HAVE ONE YEAR FROM... View More

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

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

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

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

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

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

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... View More

The Statute of Limitations requires you to provide notice to the employer of the work injury within ONE YEAR of its occurrence. "I got a broken my arm" isn't at all clear; are you trying to say you broke you arm on the job??? "For a couple of surgeries" is confusing; are... View More

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

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

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

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