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Questions Answered by Nancy J. Wallace
1 Answer | Asked in Workers' Compensation for California on
Q: Do I still accrue pto while receiving temp disability payments for work related injury?

I was injured at work in January and had to have surgery on my middle finger non dominant hand due to cutting my tenant and nerve in half. I was out for almost 4 months and have been back for nearly 2 months modifies duty.

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Only your employer can answer this. There is noting in the California Labor Code guaranteeing Personal Time Off or the ways in which employers award this benefit. If your employer grants credit toward Personal Time Off for days receiving Temporary Total Disability Indemnity for an on-the-job... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. Have "SIR" Policy with Umbrellà. 2 mil. Can I Collect?

Self Insure Employer?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Depends on the loss and depends on the terms of the policy.

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. I need Concrete Information about My very Severe Injuries. I do not know what to do or what Happen to Me if I

If I Become Paralyzed Today or Tomorrow. I would Not Know what to Do about this California Work Injury. I have called for Info and Nothing told to Me. I now Live Out of State. Spinal Cord Injury in Another State and the Doctors here Will Not Accept California Workers Comp. Or Even See Me. The... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

You could select a Physician from the MPN IN CALIFORNIA and visit California for a treatment visit, explaining to the physician you need a final, rateable report because you moved away without closing your treatment. You could attempt to see a Qualified Medical Evaluator -- the QME -- and request... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Having Complications after Spinal Surgery. I Can not Never Sleep on My Left Side No More. Never Sleep on a Regular Pillo

Never Sleep on a Regular Pillow Again. Unless 2 to 5 Minutes Both Arms Shoulders Biceps down Arms to Hands Palms Various Fingers Goes Severely Stinging and Numbing Immediately. I have to Remove High Pillow and Sleep on My Neck Soft Collar Each Night. Also Electrical Pain Shoots Down My Right Lower... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Workers Comp insurer will only authorize precisely what an MPN Treating Physician writes in a Request For Authorization, an RFA. No physician I know in 33 years has ever written that a patient must be relocated to get treatment. It is incredibly UNLIKELY that any insurer would relocate any worker... Read more »

Q: Open Active WC Case in California Relocated South East State. Attend a Pain Mgt. From 2013 to 2019.

I Ask Should I have Got Paid for My On Going Severe Neck Injury? After Neurosurgeon Surgery Did Not Work and Caused Me New Problems. Findings Cervical Myelopathy and Other New Problems. They did Not Pay Me for All these Years. My Counselor Told Me because I Could Not had Received Social Security... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 15, 2022

The Labor Code requires only 104 weeks of Temporary Disability (2 years) unless its an eye or burn or joint replacement. PLUS you must be getting thorough, admissible reporting from a physician on the Comp Insurer's Medical Provider Network (the MPN). You make no reference to any MPN... Read more »

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Q: My Workers Comp Case has been filled with Discrimination, Bias and Slandering of My Good Name. Also Conflict of Interest

I need help with this? Little Afraid of this because of Retaliation. But My Continue Good Health and ADL is at Stake. Should I File This? I am the Innocent Victim.

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 15, 2022

The WCAB does not have jurisdiction over Slander, that is a Civil tort for Superior Court ruling. You write should you file 'this'... If you have clear written elements proving Slander, take them to a Civil Tort Attorney and find out what it will cost to file and prove up your case.... Read more »

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2 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Hi. What kind of Care Team do I Need in Place if this "Spinal Cord Injury" become close to become Paraplegic or Quadri?

No one in My California Attorney Staff is Not helping Me with Not Any Kind of Information? I have Relocated Across Country. The Hospital or NEither Neuro Specialist will Not Help because it is California Workers Comp Case?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Sadly, a 'care team' is never up to the lawyer. Or the injured worker. The ONLY treatment/caregivers the Insurer is required to provide are those requested in an RFA (request for authorization) from a Treating PHysician on the insurer's Medical Provider Network. So you will need... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Workers Comp. Sent to IME. Findings Assessment was PTD. No Lifting Over 5 lbs. Do this Prove Injury?

IME Wrote this Patient has Proven with MRI and It Report that He Brought to the IME Exam. He has Cervical Stenosis and have Multiple Herniated Cervical Disc's with Significant Spinal Cord Compression. And Also Severe Foramina Stenosis. What Should Come Next After this Ruling?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 12, 2022

We no longer have Independent Medical Evaluators in California. This question is tagged as being on California Law but lists you in Charlotte NC so perhaps you are mixing North Carolina law. In California, the WCAB Judge looks at just the two reports: The Qualified Medical Evaluator and the MPN... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I have been Diagnosed with SSEP TESTING with Finding of Cervical Myelopathy. Spinal Cord Compression. MRIs with 3 D.

I have 3 Disc's Herniations in My Neck. Severe Levels of Foramina. Post Neck Surgery. Operative Report List the Same Findings. Pre and Post Findings. The Same. No Cure No Relieve. My Attorney and AME Med Legal Refuse to Put this in Any Medical Reports. I also attend a IME whom wrote He has... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 8, 2022

The regulations to the Labor Code REQUIRE any evaluating physician to list each diagnosis; it makes the report inadmissible to leave it out entirely as you say. So if your attorney will not write to the AME or present the evidence to the AME at a doctor deposition, it is time for a new Applicant... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I need immediate help with very severe Numbing and Tingling. I have a lawyer whom want answer calls. Need Neck Surgery.

I am in Severe Arm , Shoulder, Neck Radiating Down to Hands, Fingers. Headache. Was forced to Relocate back to Columbia, SC. After Forced Retirement and Failed Neck Surgery. Which Caused a New Injury to My Neck, Whereas I Can NEVER LYE Down on My Left Side Again. Unless My Right Arm, Hands and... Read more »

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

It depends. iS this case open such that this employer is paying for your treatment still? Have you selected a specialist or hospital from the Medical Provider Network, an MPN Doctor or Urgent Care or Hospital?? Then you should go to the MPN Hospital or Urgent Care. If you use your Medicare... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR

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

Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Can I reopen a work comp case after a compromise and release settlement?

2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... Read more »

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

No. a Compromise & Release Agreement is like a divorce. You and the insurer are all done. If you'd challenged it within 20 days of the Judge's Order Approving Compromise & Release Agreement 2 years ago, you had a shot. But not now.

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1 Answer | Asked in Workers' Compensation for California on
Q: CAN A WORKMANS COMP ATTORNEY TERMINATE WORKING FOR ME BECAUSE I CC: THE DEFENSE ADJUSTER A QUESTION ABOUT MY WAGES?

THEIR ARE JOINDERS ADDED TO A 2 YEAR OLD JOINDER CASE. I ASKED MY ATTORNEY IF HE COULD ASK FOR A INCREASE IN MY BENEFITS FROM THE DEFENSE ADJUSTER. SENSE THOSE EMPLOYERS HAVE BEEN ADDED? HE DID SOME CALCULATIONS OF HIS OWN AND STATED HE FELT I WAS BEING OVER PAID? FOR 2 YEARS I SAID PLEASE CONTACT... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 14, 2022

An attorney can request the Workers Compensation Judge remove her from the case for any reasonable reason. If your attorney is convinced there is an irreparable breakdown in communication, he can request to be removed as counsel. BUT he cannot just 'stop working' if he remains on as... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low

My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 13, 2022

I would compile my earnings evidence for the 2 years just prior to 2020, so 2018 and 2019. Present copies to the adjuster with a request that your TTD rate reflect pre-pandemic earnings, your real EARNING CAPACITY. There probably won't be any response, but now you have the proof to show the... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: I am licensed in California (41 years). I have a workers comp patient ( claim denied) who moved to Tennessee.

May I continue to provide teletherapy treatment ( no more than 12 sessions per year)?

Seth Hirsch,PhD ( hirschphd@aol.com). Thank you.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 14, 2022

There is nothing in Reg 9728 that says where the patient is... Presuming you have the Authorization from the Carrier in answer to the RFA and it's been okayed by UR, you should do it and get paid.

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2 Answers | Asked in Workers' Compensation for California on
Q: Can you please refer me to a couple of good work comp attorneys in Ontario Californiaj

Wow that's alot of stuff I know nothing about. I'd rather just get an attorney and let them handle it I don't think I have to do anything because I got hurt at work they should be sending me work on paperwork to fill out not three packets of disability excetera. So how am I supposed... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2022

I think I answered you earlier, but we will try again. You get paid when a doctor on the Medical Provider Network for that insurance company examines you and writes that you are Temporarily Totally Disabled OR that you are Partially Disabled but your employer cannot provide modified duty. If you... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I think I need a lawyer I want this taken care of

On April 9th I got injured at work my work to give me disability paperwork for my doctor to fill outmy dotor. Filed it out Send it back to them then they say oh no this is. A workers comp case stop seeing your doctor stop Physical Therapy stop orthopedic surgeon u have to see pour doctor called my... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2022

Time to put everything in writing. You have to elect a physician from the employer's Workers Comp Insurance carrier, from it's Medical Provider Network. Then you have to prepare an Application for Adjudication so as to get a state WCAB Case Number and request an Expedited Hearing for... Read more »

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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 »

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