No, with these facts, you don't have a case. If you actually develop a debilitating illness, you can file a workers compensation claim. There is no award the Labor Code just for enduring a risk.

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... View More

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

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... View More

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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... View More