What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.
answered on Jul 21, 2020
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... View 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.
answered on Jul 20, 2020
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... View 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... View More
answered on Jun 22, 2020
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... View More
my question (my attorney is out of town and not available to answer this question... Any. the case is about to be
settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON
FRIDAY! Will this effect the settlement outcome in any way?... View More
answered on Jun 16, 2020
i strongly encourage you to reach your lawyer. The answer is "It Depends".
Is the employer self-insured, meaning the defense attorney and adjuster have to go to the company representative for approval of any settlement money??
Does this adjuster have independent... View 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?
answered on Jun 11, 2020
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... View 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.
answered on Jun 4, 2020
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... View More
I just asked a question. However... For upcoming Workman's comp trial coming soon...
my witness will not attend this trial! I had asked... upon this notarized witness statement..
Can this witness (arrived as I was pinned under a large erase board) witness did assist... View More
answered on May 15, 2020
All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your... View More
I have a progressing illness which qualifies me for SSDI.
Now I lost my job because of COVID-19.
I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.
My question: Can (will) the fact of me receiving... View More
answered on May 14, 2020
EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it... View More
the facts of my injuries were of another person same name employeer simular injuries and hipaa problems
answered on Feb 19, 2020
If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon... View More
Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room... View More
answered on Feb 18, 2020
When you were sexually assaulted at the store, that should have generated a police report, Get that, you will need it to pursue a workers compensation claim. I've got another girl who had a weirdo grab her from behind but because it was off camera and no co-workers witnessed it and the... View More
I recently signed a SIp Feeling that it was a low offer but taking the deal is several months ago I was in desperate need of the money. It’s been several months and I keep getting the runaround from the insurance company. They claim information was filed wrong from the company I’ve worked with.... View More
answered on Jan 25, 2020
YES. You have to make it crystal clear in writing: have the insurer's claim number AND the WCAB case number on the letter. attach the Proof of Service by Mail to the letter showing to whom you mailed copies of the withdrawal of assent to the PROPOSED STIPULATIONS WITH REQUEST FOR AWARD.... View More
I don't understand how to respond to a lawyer's response to my initial question on this website .. If that is even possible. So I am adding more details in this question. The DA allowed a 1x consult to a neurologist. She put this in writing. Three lawyers down (and three years later... View More
answered on Jan 21, 2020
A 'consult' means ONLY that you are face-to-face with the physician. it DOES NOT include anything else. Your question presumes that if consulting physician suggests a test, the approval of the consultation magically approves any testing suggested. IT DOES NOT. WRITE and visit and... View More
Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to... View More
answered on Jan 21, 2020
When I get an RFA and the denial appears deficient under LC4610, i file for an Expedited Trial and get the problem before the WCAB Judge as fast as possible. If the RFA was done properly and there is good proof of that, the judge can make the decision instead of a UR 'doctor'.
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... View More
answered on Jan 21, 2020
You're 'on track' in Dallas, TX for a California comp injury??? You cannot get PD 'if a doctor requests'. You only get permanent disability IF (1) a Treating PHysician elected from the insurer's Medical Provider Network -- the MPN -- writes that you have Whole... View More
answered on Jan 15, 2020
The Injured Worker's REPRESENTATIVE gets one copy of the transcript. So, if you have an attorney, you get your copy through your lawyer. If you do not have an attorney, the court reporter was to mail your copy of the transcript directly to you, no charge. (and if you have a lawyer, you... View More
Good Afternoon,
I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.... View More
answered on Jan 15, 2020
First, it IS 'constitutional' because there is no police power involved. When you go out at 9am, no one can arrest you for that.
Second, I have never had this occur in any claim I've had, either on the defense side or the applicant's side, and I've been at this... View More
Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... View More
answered on Jan 15, 2020
You have ONE YEAR from knowledge of a workplace injury to notify the Employer you seek Workers Compensation benefits.
I presume that this 'notification' was done in some form when you went to the hospital for the stab wounds if you directed the hospital to bill the employer for... View More
I'm asking because my employer told me I have to go on my time ..
answered on Nov 5, 2019
Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are... View More
I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... View More
answered on Oct 14, 2019
You may NOT pursue a 'Personal Injury' claim against an employer. The Civil Court judge will dismiss your case, as the Civil Code and the Labor Code make clear the ONLY remedy for an injury on the job is through the Workers Compensation Act of the Labor Code of California. ONLY if the... View More
I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... View More
answered on Oct 1, 2019
All i can tell you is there is a Statute of Limitations requiring you provide notice -- generally written -- to the employer you are claiming a work injury within one year of sustaining this injury. So if there is a old writing in 2016 that you could convince a judge put the employer 'on... View More
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