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Questions Answered by Nancy J. Wallace

3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on

Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

Nancy J. Wallace answered on Jun 12, 2019

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 »

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1 Answer | Asked in Workers' Compensation for California on

Q: My workers comp lawyer got a higher pay out from the adjuster. I’m supposed to go sign off on it. What do I look for?

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 »

Nancy J. Wallace answered on Jun 8, 2019

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 »

2 Answers | Asked in Workers' Compensation for California on

Q: If injured at work doing something that is not in your job description is the employer still responsible?

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 »

Nancy J. Wallace answered on Jun 4, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: Are the judges summary of trial official?

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?

Nancy J. Wallace answered on Jun 6, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

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 »

Nancy J. Wallace answered on May 26, 2019

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 »

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1 Answer | Asked in Workers' Compensation for California on

Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary

What is going to happen next

Nancy J. Wallace answered on Apr 11, 2019

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 »

3 Answers | Asked in Workers' Compensation for California on

Q: Petition of Joinder

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 »

Nancy J. Wallace answered on Mar 31, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?

I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?

Nancy J. Wallace answered on Mar 29, 2019

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 »

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on

Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability

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 »

Nancy J. Wallace answered on Mar 7, 2019

It might be good, it might be horrible! YOU HAVE A LAWYER, that lawyer is going to take a big chunk of your money... if this isn't a real lawyer and isn't a specialist in Comp, go get a real lawyer.

If you have a psych claim, there is no permanent disability, but the insurer is reponsible...
Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

I parted ways with my department after almost 18 years and now work as a civilian. Recently saw my primary care for severe hand/arm pain/loss of feeling. He is familiar with what I used to do and I've not had to type at length for some time. New job is typing 95% of the time, so assuming this is... Read more »

Nancy J. Wallace answered on Feb 25, 2019

Nope, unless you gave written notice to the employer BEFORE YOU LEFT that you had an injury to both wrists from repetitive overuse. The Statute of Limitations requires you provide notice to the employer of an industrial injury within ONE YEAR of the exposure/insult/injury. You indicated this... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: How long will it take to get benefits if the insurance carrier no longer want to go to trial?

I have a trial in a few weeks but I have a feeling the DA find a way to continued it or they will throw in the towel before the court is in session.

If they decide not to go to trial, how soon should be expecting ttd benefits? Does the judge need to approve ttd?

Nancy J. Wallace answered on Feb 20, 2019

You should never, ever 'expect' TTD. If you are not receiving it, you want the judge to order TTD to be paid from a certain date in the past and continuing. Without a judge's order, expect absolutely nothing.

2 Answers | Asked in Workers' Compensation for California on

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?

Nancy J. Wallace answered on Feb 20, 2019

A trial does not mean the judge has decided every issue and every dispute possible. You should take this up with either your attorney who went to trial or the Information & Assistance Officer with whom you met at Trial. The judge only decides the specific items placed in front of them at that... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: what is the interest rate on retro TD and PD and does LC5814 apply

I am owed TD from 2004 to 2007 and from 2011 to 2014. and PD from 2014 to 2018

Nancy J. Wallace answered on Jan 30, 2019

Interest is only on JUDGMENTS. I don't think you have actual Orders to pay signed by the judge (that's not in your facts). TTD ends after 104 weeks (unless there is a joint replacement or burn injury). So no judge would order TTD from 2011 to 2014. Maybe if there was a trial and a judge... Read more »

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3 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

Nancy J. Wallace answered on Jan 22, 2019

I don't know the statute of limitations on gender discrimination complaints. I do know that you need to file the Workers Compensation action while you are actively employed or it is considered a post-termination claim, difficult to prove. IF YOU DID submit the claim while you were still employed... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I am currently involved in a lawsuit regarding workers compensation. Will the lump sum be taxable?

Nancy J. Wallace answered on Jan 15, 2019

99.9% no...IF the text of the settlement document specifies that a certain dollar amount is payment of back wages, THAT could be taxable. But if it is just a lump sum because the parties disagree on the 'facts' and the defense wishes to 'buy their peace', then no, settlement payment is NOT... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I have suffered a psychiatric stress injury in California and I’m not sure if it’s worth filing a claim.What is it worth

I’m trying to figure out if it’s worth filing a claim. In 2017 because of changes at work I was under a ton of new stress. I had to start taking kolonopin, sleep meds and couldn’t sleep and had panic attacks weekly. I left that job last month but even my dr thought I should file a claim. But... Read more »

Nancy J. Wallace answered on Jan 8, 2019

Sorry to be the bearer of bad news, but given these particular facts, this claim is worth zero (possibly 'nuisance value' of maybe $2,500). A claim must be filed within one year of knowledge of work-related disability. I think your narrative says you started Klonopin as a direct result of work... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: Does the judge decides on what is argued at an expedited hearing and and msc hearing?

I filed an expedited hearing for ttd benefits. The defense wanted to settle but could not explain how they came up with their offer.

They said there was ttd, and 8% disability rating and open medical. It wasn’t much more than the original $5k that didn’t include ttd or any rating.... Read more »

Nancy J. Wallace answered on Jan 7, 2019

I'm getting DejaVu, I've read this story at least 3 times!! YES, if the judge is being asked to decide on issues beyond those permitted in an Expedited, then YES the judge can decide this needs to be heard at a regular trial instead of an Expedited. If you believe the judge had sufficient... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: How can I formally dismiss my attorney that claim was awarded in wcab? He is causing me so much trouble because I want a

Complete medical buyout and he wants money for it so he stopped the insurance company from talking to me but he won't talk to me and sends emogyi's instead laughing I sent him a letter if dismissal but he won't stop and the defense don't want sanctions so they keep stating attorney on record

Nancy J. Wallace answered on Jan 2, 2019

There is a standard NOTICE OF DISMISSAL form. Just sending it to your lawyer isn't sufficient. You have to send a Copy of the Notice of Dismissal to the Insurer, the Defense Attorney and the Attorney with a Proof of Service by Mail. THEN you have to prepare the Document Cover and Divider Sheet... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Can the employer investigate aoe/coe after the claim is accepted?

It has been two years since my injury. I’ve had two doctors in the mpn saying 100% industrial related. There’s also two pqme that says 100% work related.

My injury is a single accident. It was denied immediately without any investigation. I had an expedited hearing for ttd but the judge... Read more »

Nancy J. Wallace answered on Dec 21, 2018

I think i just answered this question but i'll give it another go. When the Defense attorney comes into evidence tending to show that either the incident claimed never occurred as described or if it occurred there was no labor-disabling condition resulting (no need for treatment and no need for... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: What is an AOE/COE and what do I need to bring to the hearing?

I have been to two hearings for ttd and the judge is now scheduling a third hearing. During the last hearing, the defense attorney already disputed that termination of cause is the reason why I’m not entitled to ttd. I explained to the judge that I never returned to work after my injury and the... Read more »

Nancy J. Wallace answered on Dec 21, 2018

'Accepted' claims do not go to an AOE/COE hearing, so you are missing a huge part of the story.

AOE means Arising Out of Employment. COE means Course Of Employment. So when the employers wants to prove this injury did NOT Arise Out of Employment and did not occur in the Course of...
Read more »

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