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Questions Answered by Nancy J. Wallace
2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it Normal to see a QME three times in a workman's comp case
Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

Yes, since the insurer can keep denying the treatment and the QME wants the treatment done before releasing you, 3 QME visits is not unusual.

1 Answer | Asked in Workers' Compensation for California on
Q: QME told me that I have a cyst on my elbow caused by the fall now he is recommending cortisone shots to help with the

Pain would this injury be permanent and would I be given anything In court for this injury even if the cortisone shots released the pain temporarily?

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

You get ZERO for 'pain' in workers comp. If a physician on the network writes tht you have WHOLE PERSON IMPAIRMENT because of actions this elbow can no longer perform, there would be an award of Permanent Partial Disability. Only the Treating Physician can decide if the condition is... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I've been evaluated by QME twice and he keeps recommending treatment that has been denied twice.

Will I have to see the QME a third time and is this normal in a workman's comp case?

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

Sadly, yes this is normal. The insurance companies legally deny all treatment, and then the QME writes that the insurance company should have granted the treatment and you still are not at maximum improvement. If you had an attorney, that attorney should have shown the QME Report to the... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: I've been off of work for 10 months and I just seen the Qme for a second evaluation he mentioned further treatment why

He said i have a cyst on my elbow and spinel stenosis mentioned epidural injections and pain management and chiropractor does this mean I am not MMI or P&S

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

Correct! You are still temporarily partially or totally disabled, not yet at Maximum Medical Improvement. GET THE TREATMENT he suggests in his report or he's going to be ticked if you come back and you didn't elect a good Pain Mgt doc from the MPN and get the epidurals (or at least have... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Qme recommended lower back epidural injection if I refuse that type of treatment will it effect my workman's comp case
Nancy J. Wallace
Nancy J. Wallace
answered on Sep 8, 2022

If the TREATING PHYSICIAN tells you the next step is the epidural and you refuse, he will likely just declare you are at Maximum Medical Improvement. It's nearly impossible to get any surgery approved when the treater has not first tried an injection. When a Treating PHysician writes the... Read more »

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1 Answer | Asked in Real Estate Law and Criminal Law for California on
Q: A quitclaim deed was filed as Interspousal but the notary name is the same as the person transferring property.

The person transferring the property was not a notary. How do I reverse

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 6, 2022

tHIS is NOT a 'workers compensation' matter, nor is it family law. But it might be criminal! The Notary Attestation indicates that Notary was provided legally-adequate proof that person signing was who they claimed to be. I was a Notary Public for 20 years, and a Notary may never... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: was made to clean area with large amount of bird droppings without proper equipment or training.

no symptoms as of yet but it only happened last week do I have a case or at least an owed some compensation for putting me at risk

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 19, 2022

No, with these facts, you don't have a case. If you actually develop a debilitating illness, you can file a workers compensation claim. There is no award the Labor Code just for enduring a risk.

1 Answer | Asked in Workers' Compensation for California on
Q: Do I still accrue pto while receiving temp disability payments for work related injury?

I was injured at work in January and had to have surgery on my middle finger non dominant hand due to cutting my tenant and nerve in half. I was out for almost 4 months and have been back for nearly 2 months modifies duty.

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Only your employer can answer this. There is noting in the California Labor Code guaranteeing Personal Time Off or the ways in which employers award this benefit. If your employer grants credit toward Personal Time Off for days receiving Temporary Total Disability Indemnity for an on-the-job... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. Have "SIR" Policy with Umbrellà. 2 mil. Can I Collect?

Self Insure Employer?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Depends on the loss and depends on the terms of the policy.

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. I need Concrete Information about My very Severe Injuries. I do not know what to do or what Happen to Me if I

If I Become Paralyzed Today or Tomorrow. I would Not Know what to Do about this California Work Injury. I have called for Info and Nothing told to Me. I now Live Out of State. Spinal Cord Injury in Another State and the Doctors here Will Not Accept California Workers Comp. Or Even See Me. The... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

You could select a Physician from the MPN IN CALIFORNIA and visit California for a treatment visit, explaining to the physician you need a final, rateable report because you moved away without closing your treatment. You could attempt to see a Qualified Medical Evaluator -- the QME -- and request... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Having Complications after Spinal Surgery. I Can not Never Sleep on My Left Side No More. Never Sleep on a Regular Pillo

Never Sleep on a Regular Pillow Again. Unless 2 to 5 Minutes Both Arms Shoulders Biceps down Arms to Hands Palms Various Fingers Goes Severely Stinging and Numbing Immediately. I have to Remove High Pillow and Sleep on My Neck Soft Collar Each Night. Also Electrical Pain Shoots Down My Right Lower... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Workers Comp insurer will only authorize precisely what an MPN Treating Physician writes in a Request For Authorization, an RFA. No physician I know in 33 years has ever written that a patient must be relocated to get treatment. It is incredibly UNLIKELY that any insurer would relocate any worker... Read more »

Q: Open Active WC Case in California Relocated South East State. Attend a Pain Mgt. From 2013 to 2019.

I Ask Should I have Got Paid for My On Going Severe Neck Injury? After Neurosurgeon Surgery Did Not Work and Caused Me New Problems. Findings Cervical Myelopathy and Other New Problems. They did Not Pay Me for All these Years. My Counselor Told Me because I Could Not had Received Social Security... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 15, 2022

The Labor Code requires only 104 weeks of Temporary Disability (2 years) unless its an eye or burn or joint replacement. PLUS you must be getting thorough, admissible reporting from a physician on the Comp Insurer's Medical Provider Network (the MPN). You make no reference to any MPN... Read more »

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Q: My Workers Comp Case has been filled with Discrimination, Bias and Slandering of My Good Name. Also Conflict of Interest

I need help with this? Little Afraid of this because of Retaliation. But My Continue Good Health and ADL is at Stake. Should I File This? I am the Innocent Victim.

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 15, 2022

The WCAB does not have jurisdiction over Slander, that is a Civil tort for Superior Court ruling. You write should you file 'this'... If you have clear written elements proving Slander, take them to a Civil Tort Attorney and find out what it will cost to file and prove up your case.... Read more »

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2 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Hi. What kind of Care Team do I Need in Place if this "Spinal Cord Injury" become close to become Paraplegic or Quadri?

No one in My California Attorney Staff is Not helping Me with Not Any Kind of Information? I have Relocated Across Country. The Hospital or NEither Neuro Specialist will Not Help because it is California Workers Comp Case?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Sadly, a 'care team' is never up to the lawyer. Or the injured worker. The ONLY treatment/caregivers the Insurer is required to provide are those requested in an RFA (request for authorization) from a Treating PHysician on the insurer's Medical Provider Network. So you will need... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Workers Comp. Sent to IME. Findings Assessment was PTD. No Lifting Over 5 lbs. Do this Prove Injury?

IME Wrote this Patient has Proven with MRI and It Report that He Brought to the IME Exam. He has Cervical Stenosis and have Multiple Herniated Cervical Disc's with Significant Spinal Cord Compression. And Also Severe Foramina Stenosis. What Should Come Next After this Ruling?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 12, 2022

We no longer have Independent Medical Evaluators in California. This question is tagged as being on California Law but lists you in Charlotte NC so perhaps you are mixing North Carolina law. In California, the WCAB Judge looks at just the two reports: The Qualified Medical Evaluator and the MPN... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I have been Diagnosed with SSEP TESTING with Finding of Cervical Myelopathy. Spinal Cord Compression. MRIs with 3 D.

I have 3 Disc's Herniations in My Neck. Severe Levels of Foramina. Post Neck Surgery. Operative Report List the Same Findings. Pre and Post Findings. The Same. No Cure No Relieve. My Attorney and AME Med Legal Refuse to Put this in Any Medical Reports. I also attend a IME whom wrote He has... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 8, 2022

The regulations to the Labor Code REQUIRE any evaluating physician to list each diagnosis; it makes the report inadmissible to leave it out entirely as you say. So if your attorney will not write to the AME or present the evidence to the AME at a doctor deposition, it is time for a new Applicant... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I need immediate help with very severe Numbing and Tingling. I have a lawyer whom want answer calls. Need Neck Surgery.

I am in Severe Arm , Shoulder, Neck Radiating Down to Hands, Fingers. Headache. Was forced to Relocate back to Columbia, SC. After Forced Retirement and Failed Neck Surgery. Which Caused a New Injury to My Neck, Whereas I Can NEVER LYE Down on My Left Side Again. Unless My Right Arm, Hands and... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 27, 2022

It depends. iS this case open such that this employer is paying for your treatment still? Have you selected a specialist or hospital from the Medical Provider Network, an MPN Doctor or Urgent Care or Hospital?? Then you should go to the MPN Hospital or Urgent Care. If you use your Medicare... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2022

Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Can I reopen a work comp case after a compromise and release settlement?

2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 16, 2022

No. a Compromise & Release Agreement is like a divorce. You and the insurer are all done. If you'd challenged it within 20 days of the Judge's Order Approving Compromise & Release Agreement 2 years ago, you had a shot. But not now.

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