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Questions Answered by Nancy J. Wallace
1 Answer | Asked in Workers' Compensation for California on
Q: What information do I have a right to request during a workers comp investigation and how long do they have to comply?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 22, 2020

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 »

2 Answers | Asked in Workers' Compensation for California on
Q: Workman's Comp is now working with my attorney and WC Judge to come to a settlement. This is a four year situation.

my question (my attorney is out of town and not available to answer this question... Any. the case is about to be

settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON

FRIDAY! Will this effect the settlement outcome in any way?... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 16, 2020

i strongly encourage you to reach your lawyer. The answer is "It Depends".

Is the employer self-insured, meaning the defense attorney and adjuster have to go to the company representative for approval of any settlement money??

Does this adjuster have independent...
Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Do I have to accept what they offer?

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?

Nancy J. Wallace
Nancy J. Wallace answered on Jun 11, 2020

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 »

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: If I become handicapped from my job and I habe a spinal cord injury and I'm in pain everyday and can never work again.

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.

Nancy J. Wallace
Nancy J. Wallace answered on Jun 4, 2020

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 »

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1 Answer | Asked in Workers' Compensation for California on
Q: witness affidavit question

I just asked a question. However... For upcoming Workman's comp trial coming soon...

my witness will not attend this trial! I had asked... upon this notarized witness statement..

Can this witness (arrived as I was pinned under a large erase board) witness did assist... Read more »

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

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 »

2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 14, 2020

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 »

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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... 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... 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... 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... 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... 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... 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.... 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...
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...
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... 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... 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... 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...
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... Read more »

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