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Questions Answered by Nancy J. Wallace
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated an argument!!

Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated everything and has gotten talked to twice about arguing with coworkers and when my first time being in trouble for the first time my 10 months of working there I got terminated after awhile Amazon appealed... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 31, 2022

This isn't Workers Comp; just so you're clear, workers comp would apply if a co-worker CUT you. But not when a co-worker argues with you. An employer can fire anybody for almost anything...or nothing at all. If they write they fired you because of your Gender, Your Sexual Orientation,... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I’ve recently passed out at work due safety and health reasons, that my boss put me in, boss refused to give me hr dept

If I can’t get a hold of hr dept who can I talk to

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 31, 2022

Give up on 'chatting' and put the words in writing and fax them to the office; keep a copy of the fax transmission report. When you have such an unprofessional institution you really need to put everything in writing, and immediately. I'll be the company's fax number is on... View More

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2 Answers | Asked in Employment Law for California on
Q: Large grocery store corporation has trouble paying us(employees), are we entitled to compensation?

I work for a large grocery store corporation, and they recently switched systems that they use to pay their employees, and I've been working for 3 pay periods and haven't received my 2 direct deposit OR a physical checks. They(the store) say they don't know when they can get my... View More

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

The way you collect on all of those penalties and fines is to go to www.dir.ca.gov and find the WORKERS header and go to this: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm and file with the State for a Wage Claim. And when they offer you less than the full interest and penalty to... View More

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3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: 1 year reporting deadline for filing workers compensation for cumulative injuries clarification?

Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 22, 2024

You had pain in joints you KNEW to be "exacerbated by work". THAT could be found by the WCAB Judge to be knowledge of an industrial injury. Then there were MRI studies showing damage; that could be knowledge of an industrial injury (unless you know that damage occurred some other way).... View More

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2 Answers | Asked in Employment Law for California on
Q: If I work 7 hours in CA, am I supposed to receive two 10 minute breaks and a lunch break (3 breaks total)?
Nancy J. Wallace
Nancy J. Wallace
answered on Nov 14, 2023

i think i just answered this on Avvo!!! again, YES you get a paid, uninterrupted break after 3.5 hours, you get an unpaid meal break of 30 minutes, then you get another paid 10 minute break after 6.1 hours. There's a case decision that says the work can forego or give up their 2nd break... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I need a Board Certified Attorney to Help Me with my Herniated Disc's Injury. Is it to Late. I also have Failed Carpal

Failed Neck Surgery and Failed Carpal Tunnel Surgery. Suffer Every Nite and Day. Can a Truthful and Honest Lawyer help Me?

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 24, 2023

I'm confused; your name is Charlotte North Carolina but you want California Work Injury answers. Is "it" too late? Impossible to say, from this. I see no date of work injury. I see no indication from you the employer was ever notified of any work injury. YOU HAVE ONE YEAR FROM... View More

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5 Answers | Asked in Personal Injury, Employment Law and Workers' Compensation for California on
Q: I got a broken my arm for a couple surgeries and my question is how long till I can no longer file a injury claim
Nancy J. Wallace
Nancy J. Wallace
answered on Jul 13, 2023

The Statute of Limitations requires you to provide notice to the employer of the work injury within ONE YEAR of its occurrence. "I got a broken my arm" isn't at all clear; are you trying to say you broke you arm on the job??? "For a couple of surgeries" is confusing; are... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Can I still receive worker's comp if I quit my current job, and if I haven't filed my claim yet?

I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my... View More

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

Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR... View More

1 Answer | Asked in Workers' Compensation for California on
Q: My primary physician assigned by my workman’s comp insurance submitted a report that I am P&S but the insurance company

Disagreed and sent me to see QME the QME said that he doesn’t see anything really wrong but I’m still in pain so he recommended epidural lower back I jections and a cortisone shot for my elbow also recommended I see a pain management Dr and chiropractor. It doesn’t make sense to me why he... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

Sounds like you let the Insurer pick the worst doctors in the world for you. How sad! But the damage is done. It may be that the QME found you are not at Maximum Medical Improvement until you complete a course of conservative treatment, so the adjuster will just OK the Requests For... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Yes but my mri’s and x rays show that I have spinal stenosis and a cyst on my inner elbow from my fall at work
Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

AGAIN: if you have a friendly, very carefully-chosen physician writing the evaluation report, the report could find that the Whole Person Impairment is increased as the result of stenosis and the cyst. There is no dollar amount add-on for spinal stenosis or a cyst. THE KEY is are these... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Is there compensation for having a cyst on your inner elbow from falling at work. My inner elbow and lower arm hurts

When picking things up even driving. Injury was caused at work. Currently receiving temporary disability payments

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

The cyst by itself has no value. At the end of your healing, the Treating Physician SHOULD write about your WHOLE PERSON IMPAIRMENT, the total impairment you have from all the body parts injured in the fall at work. Maybe the reporting doctor will write that a cyst is a great permanent... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My QME says he doesn’t know why my back is still hurting after physical therapy and chiropractic care. It still hurts

They took MRI’s and X-rays and said that I shouldn’t be in so much pain but I am what can I do? My MRI’s show that I have spinal stenosis and that I have a cyst on my inner elbow from the fall

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

Maybe the MRI really DOES show why there is so much pain but you have a jerk QME. If you have a real Treating Physician (unlikely if you let the adjuster pick), have the Treating PHysician go through these diagnostics report and write whether they do show the reason for ongoing pain.

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2 Answers | Asked in Employment Law, Workers' Compensation and International Law for California on
Q: International Independent Contractor law for wage claim

I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 5, 2022

Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

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

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it Normal to see a QME three times in a workman's comp case
Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

Yes, since the insurer can keep denying the treatment and the QME wants the treatment done before releasing you, 3 QME visits is not unusual.

1 Answer | Asked in Workers' Compensation for California on
Q: QME told me that I have a cyst on my elbow caused by the fall now he is recommending cortisone shots to help with the

Pain would this injury be permanent and would I be given anything In court for this injury even if the cortisone shots released the pain temporarily?

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

You get ZERO for 'pain' in workers comp. If a physician on the network writes tht you have WHOLE PERSON IMPAIRMENT because of actions this elbow can no longer perform, there would be an award of Permanent Partial Disability. Only the Treating Physician can decide if the condition is... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I've been evaluated by QME twice and he keeps recommending treatment that has been denied twice.

Will I have to see the QME a third time and is this normal in a workman's comp case?

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

Sadly, yes this is normal. The insurance companies legally deny all treatment, and then the QME writes that the insurance company should have granted the treatment and you still are not at maximum improvement. If you had an attorney, that attorney should have shown the QME Report to the... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I've been off of work for 10 months and I just seen the Qme for a second evaluation he mentioned further treatment why

He said i have a cyst on my elbow and spinel stenosis mentioned epidural injections and pain management and chiropractor does this mean I am not MMI or P&S

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

Correct! You are still temporarily partially or totally disabled, not yet at Maximum Medical Improvement. GET THE TREATMENT he suggests in his report or he's going to be ticked if you come back and you didn't elect a good Pain Mgt doc from the MPN and get the epidurals (or at least have... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Qme recommended lower back epidural injection if I refuse that type of treatment will it effect my workman's comp case
Nancy J. Wallace
Nancy J. Wallace
answered on Sep 8, 2022

If the TREATING PHYSICIAN tells you the next step is the epidural and you refuse, he will likely just declare you are at Maximum Medical Improvement. It's nearly impossible to get any surgery approved when the treater has not first tried an injection. When a Treating PHysician writes the... View More

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1 Answer | Asked in Real Estate Law and Criminal Law for California on
Q: A quitclaim deed was filed as Interspousal but the notary name is the same as the person transferring property.

The person transferring the property was not a notary. How do I reverse

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

tHIS is NOT a 'workers compensation' matter, nor is it family law. But it might be criminal! The Notary Attestation indicates that Notary was provided legally-adequate proof that person signing was who they claimed to be. I was a Notary Public for 20 years, and a Notary may never... View More

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