I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... Read more »
You do not have to release the records, BUT the insurer can decide to deny the claim for failure to participate fully in discovery. It shouldn't be permitted but it is. When you ask Workers Comp insurance to pay benefits for treatment and disability, the insurer is entitled to see if you...Read more »
Sadly, the regulations and the California Labor Code let a party delay to obtain all medical and employment records, and get a replacement list of doctors (the QME panel), and the pandemic rules let doctors set appointments out as long as 90 days from the date you call. Your elected officials give...Read more »
Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer...Read more »
Your employer looks at the doctor's words on the Modified Duty Order. Then the employer decides if there is work there that matches those words or if you need to be sent home. IF YOU ARE SENT HOME try to get something in writing from the employer to show to the Insurance Adjuster. The...Read more »
My mother who is an immigrant and an employee of a company where she works as a farm worker in California, was recently put on workers comp due to her having nausea and dizziness that made it unsafe for her to work. after getting the OK from her doctor to go back to work, she went to the main... Read more »
Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this...Read more »
Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool...Read more »
Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... Read more »
1. APPLY FOR UNEMPLOYMENT INSURANCE IMMEDIATELY. You were Unemployed the day after the QME found you were at Maximum Medical Improvement. When the QME wrote permanent work restrictions the employer cannot accommodate, you became Unemployed. You need to set up an account at www.edd.ca.gov ....Read more »
To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know...Read more »
I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.
Sadly, you may have to proceed unrepresented. [You may even have a legal malpractice claim.] The Petition for 132a increases must be filed and served WITHIN ONE YEAR of the discriminatory action. So if you file the petition within one year of that termination and you didn't serve the...Read more »
My supervisor was interviewed in the course of my workers comp claim investigation, do I have a right to request a summary or the recorded audio of that interview and if so, how long does my employer or the insurance company have to comply with my request for that interview? What other information... Read more »
You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy...Read more »
If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?
The adjuster would NEVER send 'a settlement check with no communication at all'. the Labor Code requires that within 14 days of a new payment or stopping an existing payment, the adjuster issue a notice of what the change in payment is and why. The adjuster IS REQUIRED by the Labor Code...Read more »
Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.
You MAY add an Injury to Psyche to your Claim Form and Application. An 'Injury To Psyche' claim now must come from a sudden or extraordinary event (generally). An example is the SanBernardino Terrorist attack. You can claim a psychiatric injury but you would only get a little...Read more »
All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your...Read more »
EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it...Read more »
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 »
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 »
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...Read more »
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 »
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 »
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... Read more »
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...Read more »
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