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Questions Answered by Nancy J. Wallace
2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.

I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 13, 2019

Maybe that's too long. Your attorney should have provided a crystal-clear explanation as to why the other physicians available were the wrong ones and why waiting 6 months for this one was the best strategy for you.

If it's a denied injury and the 'workmans comp' doctor...
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3 Answers | Asked in Workers' Compensation for California on
Q: Can I add my previous work related injury to my other work related injury workers comp case?

I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 9, 2019

NO. You don't 'ADD' one injury to a different injury. YOU CAN ADD body parts for one injury date. EACH DATE OF injury gets a separate state case number and is separated (unless and until there is some motion that a judge must hear them together). You write 'i never put... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for California on
Q: Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed

Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2019

YOU HAVE a Workers Comp attorney, THAT is who should be (1) answering these issues and (2) rushing to an appeal of the denial of the surgery on the other hand. The Termination will probably stop the workers comp judge from awarding you any Temporary Disability prior to the surgery date. If the... View More

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2 Answers | Asked in Health Care Law, Workers' Compensation, Employment Law and Civil Litigation for California on
Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day

I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 1, 2019

The Statute of limitations requires you provide written notice to the employer within ONE YEAR of the incident resulting in injury. If it's a substance or latent chemical poisoning, it's one year from the date you were notified the exposure was at work. The Workers Comp judge would... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: What can workers comp do for me after I’ve been terminated? Employer submitted my form after my termination.
Nancy J. Wallace
Nancy J. Wallace
answered on Aug 1, 2019

Workers Compensation INSURANCE must provide 'reasonable treatment' and -- if appropriate -- temporary and permanent disability payments.

Trouble is, if the 'comp clinic' releases you to modified duty, you won't get work and you won't get Temporary Disability....
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Q: Am I entitled to TTD benefits if the QME reported 3X I was TTD and could not return to work under no circumstances?

My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 10, 2019

Sadly, a finding by a QME that you are Temporarily Totally Disabled for particular dates may not be enough to require the Adjuster to pay TTD. IF the employer is saying the injury is not industrial and the employer wants a trial to try to prove the QME got it wrong, the adjuster won't pay.... View More

3 Answers | Asked in Workers' Compensation for California on
Q: Any options when workman comp administrator not following court settlement?

We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 10, 2019

The Stipulations With Request For Award agreement does NOT guarantee the insurer will agree to any surgery. Yes, even if the doctor writes he 'desparately' needs it. Your elected officials put in place laws that let a reviewing doctor will never see the injured worker write a report... View More

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Q: I live in CA. I am not represented. What would be the appropriate DWC forms to address the following?

* FORMS TO FILE PROTECTIVE ORDERS

* SEAL MEDICAL RECORDS

* FORMS TO FILE OBJECTIONS

* FORMS TO FILE SANCTIONS

* INFORMATION ON SUSPENSION OF DEPOSITIONS

* FORMS TO MAKE A REQUEST FOR REIMBURSEMENT FOR MILAGE, EXPENSES, TTD OR PAST DUE WAGES & JOB... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 10, 2019

There are no set Forms for the actions you listed. Most are done by written petition, citing a regulation or labor code or code of civil procedure section upon which the judge may relay to grant the requested relief. And any petition must be verified, another pleading for which there is no... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Hello.In WC case, Is there a statue of limitations on defendant party to seek discovery?

If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 10, 2019

As long as the insurer is providing any form of benefit, the insurer is entitled to discovery about the injured worker. While discovery is 'closed' at the MSC (mostly), discovery is closed on the precise issue(s) to be submitted to the judge for determination, not on the entire claim.... View More

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3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on
Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 12, 2019

I was going to give you Neil Pedersen's phone number and advise you schedule a meeting TODAY, but then i see he already answered you! THIS IS NOT workers compensation (unless you sprained your spine requesting your check). IT IS a valuable Employment Law violation claim, do not try to... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: My workers comp lawyer got a higher pay out from the adjuster. I’m supposed to go sign off on it. What do I look for?

I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 8, 2019

There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights... View More

2 Answers | Asked in Workers' Compensation for California on
Q: If injured at work doing something that is not in your job description is the employer still responsible?

While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 4, 2019

If there is no 'employment relationship' between this business with the trapped animal (which would have been dead in 2 weeks with no water...??) and the people signing your paycheck, then your claim would be dismissed at the Workers Compensation Appeals Board. IF you were rendering a... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Are the judges summary of trial official?

I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2019

Only witnesses listed on the Statements of Issues and your evidence list can be called to prove your case. if you have a witness that can dispute testimony of the defense witness, you might be permitted to call that person not listed as a 'rebuttal' witness. The judge does not... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've... View More

Nancy J. Wallace
Nancy J. Wallace
answered on May 26, 2019

You have a lawyer, you will be paying that lawyer thou$ands or ten$ of thou$ands, you should be speaking with her. that said, if this doctor is truly an AGREED medical evaluator , then no, all parties should be writing to this doctor as the AME. If the doctor thinks he is a Qualified Medical... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary

What is going to happen next

Nancy J. Wallace
Nancy J. Wallace
answered on Apr 11, 2019

It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently... View More

3 Answers | Asked in Workers' Compensation for California on
Q: Petition of Joinder

I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 31, 2019

If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?

I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 29, 2019

Yes, i'm quite surprised you were given a date if the Petition For Reconsideration was on file. EAMS should have stopped your DOR from generating a date, but it isn't fool-proof. When a party gets a date and swears under penalty of perjury they provided a copy to the other party and... View More

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability

And I have arthritis from it they are offering me 27,000 and a school voucher to settle I want to ask for more does it seem like a good offer? And also the QME doctor recommended that I see a psychologist my lawyer said that even if I see one I will not get more money if they say I have a mental... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 7, 2019

It might be good, it might be horrible! YOU HAVE A LAWYER, that lawyer is going to take a big chunk of your money... if this isn't a real lawyer and isn't a specialist in Comp, go get a real lawyer.

If you have a psych claim, there is no permanent disability, but the insurer is...
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2 Answers | Asked in Workers' Compensation for California on
Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

I parted ways with my department after almost 18 years and now work as a civilian. Recently saw my primary care for severe hand/arm pain/loss of feeling. He is familiar with what I used to do and I've not had to type at length for some time. New job is typing 95% of the time, so assuming this... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 25, 2019

Nope, unless you gave written notice to the employer BEFORE YOU LEFT that you had an injury to both wrists from repetitive overuse. The Statute of Limitations requires you provide notice to the employer of an industrial injury within ONE YEAR of the exposure/insult/injury. You indicated this... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: How long will it take to get benefits if the insurance carrier no longer want to go to trial?

I have a trial in a few weeks but I have a feeling the DA find a way to continued it or they will throw in the towel before the court is in session.

If they decide not to go to trial, how soon should be expecting ttd benefits? Does the judge need to approve ttd?

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 20, 2019

You should never, ever 'expect' TTD. If you are not receiving it, you want the judge to order TTD to be paid from a certain date in the past and continuing. Without a judge's order, expect absolutely nothing.

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