The Labor Code just says 'Reasonable', it doesn't limit the judge to a maximum percentage. THAT said, some WCAB judge award 18% in the 'high rent' regions, most limit it to 15%. The fee withheld is split between all the attorneys who worked on the file. If the...Read more »
I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... Read more »
You really need to remind your attorney to send you the transcript ASAP. At the end of the proceeding, the attorneys agreed to a certain number of days AFTER RECEIPT of the transcript for you to review the transcript and submit any changes. Did your attorney get your transcript? They should have...Read more »
The only deadline is BEFORE the Judge issues an order approving a final settlement. Remember: mileage rates change each year. If you are adding up trips from 2017, you have to go get the 2017 form : https://www.dir.ca.gov/dwc/forms-Mileage.html (if that link doesn't take you to Workers...Read more »
After filling 2 QME forms I sent one to my adjuster and the second to the state compensation places, and this is because my adjuster closed my case because Concentra gave me a zero impairment rating, now I called my adjuster today to confirm he got the mail but could not answer his phone, but the... Read more »
The Labor Code FORCES the adjuster to authorize the QME to see you. So this phoning around is 110% waste. You don't need to involve any adjuster anyway. You just mail the completed QME REQUEST FORM to the Medical Unit in Oakland, the po box is posted right on page 2 of the form. If you...Read more »
My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... Read more »
First, your case is plenty 'ripe', scrap that lawyer and get a real lawyer, who needs to rush you far, FAR AWAY from concentra hacks. Next, adjusters blow off people on the phone. Concentra doctors routinely write that patient fully recovered with zero permanent disability and zero need...Read more »
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 »
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