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Questions Answered by Nancy J. Wallace
1 Answer | Asked in Workers' Compensation for California on
Q: My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?
Nancy J. Wallace
Nancy J. Wallace
answered on May 19, 2022

YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Nancy J. Wallace
Nancy J. Wallace
answered on May 18, 2022

YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment

I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on May 4, 2022

The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Does one need the 'Right to Sue' document when trying to retain an attorney in a class action suit?

Can an attorney move forward in a class action suit against an employer. (A state agency) or is the "right to sue" process necessary? Or what is the process to initiate a class action suit

Nancy J. Wallace
Nancy J. Wallace
answered on May 2, 2022

There IS NO 'class action' in Workers Compensation in California. So the loss must be beyond the scope of employment. The employment relationship had to have ended and when the loss occurred, You were just another consumer or patron/patient. Then an attorney gets you... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

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

Yes...and no. Probation is the time when the employer just needs to see if you are a good fit. It may well be that you failed to pass probation because the supervisors will not permit any worker with any industrial injury to transition to permanent employment. Labor Code 132a says that no... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: F/U question. How do we find out which items r agreed upon prior to the MSC conference? When you don't have an attorney

Can/will a judge use MSC to make defendant begin to cover treatment or basically accept the claim? What is meant by the 2 days? Is MSC a time to ask for everything you think you are entitled too in the "cases entirety" or is it just an initial conference to get things started? If... Read more »

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

AGAIN: THE JUDGE WON'T ORDER anything except likely a continuance. so AGAIN no treatment is ordered. The time to request everything to which you are entitled IS RIGHT NOW of the defense attorney. When the defense attorney says 'no' then you write down everything that you want the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Psych/Psych claim against VERY major employer. I'm running out of time that I can be off work. What will happen at MSC?

Preliminary QME finds my claim predominantly industrial requiring Tx. Supplemental information will be based on more of the same supportive documentation. Filled DOR which is leading to upcoming MSC. During DOR hearing Judge implied claim compensable. What will happen at MSC? Will judge make a... Read more »

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

The settlement conference is just to see if this can be settled. There will be no hearing and no decisions. If the parties cannot settle, each party writes down every witness to be called at trial and each written document to be submitted into evidence. The parties write out the Pre-Trial... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Why is it so difficult to get an attorney for a psych workers comp case?

Thank you so much for your response. As in all cases their are those that will or may meet the requirements... I posed another question just prior to this one asking what to expect at a MSC. This question was more of a follow up to that concern. Can you please review that question and help me? With... Read more »

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

The worker must prove that (1) there is a disabling psychiatric injury, then (2) that 51% of that condition is due to unfair and/or extraordinary events arising out of employment and in the course of employment. AND one must be on the job more than 6 months. Unless you took a knife or a bullet,... Read more »

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal options for tort claim against unauthorized medical records release

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 10, 2022

It is a CRIME to (1) Forge then (2) violate HIPAA limitations, and proof of a crime can serve as proof of Duty and Breach; so you might want to start your Tort prosecution by getting the tortfeasors prosecuted by the local District Attorney. A HIPAA Complaint can be filed with the federal... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: My attorney os not honest with me and accepted a settlement without my authorization. What can I do?

This last attorney just recently took over my case after 2 other attorneys had also been handling it yet they also had their assistants, paralegals and legal aids be the ones to return my calls and answer my questions that sometimes not even they had the answers to. They have not made an attempt to... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 28, 2022

IF you can find another firm, you could fire this attorney and hire a new one you trust. But you write 2 other lawyers had it also. If they were fired too, a fourth attorney is not likely to take this on. If the insurer is disputing the incident occurred, only then are witness statements... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I was on 4850 pay from June 2020-June 2021. Then on TTD from June 2021-Jan 2022. Now on PD.

I was just diagnosed with cancer (cumulative presumptive work related) last week and my work filled out workers comp paperwork and turned it in. Would I be eligible for another year of 4850 pay since it is a new different injury? I have not received ADPP or retirement pension yet.

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

I just answered this on Avvo, but I'll repeat it for others reading along: the cancel is a NEW Injury, each injury get 52 weeks of LC4850 benefits, so YES you get 52 weeks of 4850 pay. The adjuster DOES NEED a medical report noting the diagnosis and writing that you are Temporarily Totally... Read more »

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 28, 2021

IF YOU were just a visitor ('invitee') and got hurt at ANY GOVERNMENT facility, you have to tell that Government Agency about the Injury/Loss within 6 months. BUT YOU can prove you have an Employment Relationship, this Government Agency controlled the hours and supplies and ways to... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: How many years can I go back on a workers comp. claim. I never received a closed claim letter in Seattle WA..

The investigation was found in my favor by their investigator .

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 21, 2021

There is no code section requiring any 'closed claim' letter. If "go back" means to appeal a judge's decision at trial, you had 20 days from date the decision was mailed out. If this was a settlement you signed, you had 25 days from the date the judge's Order... Read more »

3 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for California on
Q: An event coordinator made my server dig through the garbage despite covid. I want to pursue this.

An event coordinator made my server dig through the garbage despite covid. I asked her where the trash was to be put, she said over there and pointed to a trash barrel While server food to guests she came and got my server and he had to dig in trash where people are throwing their dirty plates and... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 19, 2021

Was this 'coordinator' the Employer/Supervisor of the server redirected to the trash? If not, this worker should have declined; if he becomes ill, he can pursue a Personal Injury claim against the Coordinator. If there IS an employment relationship between the Coordinator and the... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 18, 2021

Sadly, YES. You can try to oppose this, have all records copied and delivered to the Workers Comp Judge to review and ask that the comp judge deliver only the relevant records to the defense. BUT that takes weeks and months and the insurer will likely stop providing benefits while you oppose... Read more »

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1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Work comp doc put me on full duty trial, employer won't let me return. Am still in pain, doc says can't help anymore?

Sorry about my question was trying to fit it all in these boxes. I suffered a neck sprain at work over a month ago. I have been out of work since, my employer would not accommodate my restrictions which I understand they have a right to. Now my employer says I can not return bcuz I am still... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 24, 2021

You're in PHOENIX? I can only answer for CALIFORNIA workers comp claims. The SMART solution is to change Primary Treating PHysicians to one who is only your side instead of 'in bed' with the insurance company. IF the doctor you are with now already wrote "MMI" then... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Is there a law stating the max attorney fees for workers comp cases in CA? I've read 15% one lawyer is asking 18%
Nancy J. Wallace
Nancy J. Wallace
answered on Jul 19, 2021

The Labor Code just says 'reasonable' which is as clear as mud. The FEE DISCLOSURE FORM you signed at the outset says 9-12%. The WCAB Judges regularly award 15%. The judges in MARINA DEL REY award 18% because the rent is so much higher around that region. But it's just... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can we claim the price/usage increase compared to our average electric bill?

My husband broke his right ankle at work. He is now home 24/7. Our electric bill has gone up because he is home.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2021

Sadly, no! There is nothing in the Labor Code that requires the Employer or INsurer to pay for the increase in residential electricity during periods of Temporary Disability. The Labor Code only requires payment for 'reasonable' treatment (which includes mileage reimbursement to the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: When do I start getting PPD?

My last appointment where my MD told me I was at MMI was 13 days ago. I have heard nothing from him or my WC company. I looked online and it says that my return to work day was 12 days ago. When are they required to pay me my PPD in California (I thought it was 14 days)? I called the MD office... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 9, 2021

if you went to a doctor 'in bed' with the insurance adjuster, he may be writing you have ZERO rateable Whole Person Impairment from this injury. I set a trial for one just like that today...the treating physician said the worker had permanent restrictions from her injury but no... Read more »

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