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I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More 
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answered on Mar 25, 2025
Dear concerned,
You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
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answered on Feb 25, 2025
Dear concerned injured worker,
It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local... View More
I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More
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answered on Jan 16, 2025
Dear concerned injured worker,
Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly... View More
It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More
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answered on Dec 24, 2024
Dear injured worker,
I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many... View More
QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More
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answered on Dec 21, 2024
Dear injured worker,
Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More
My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More
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answered on Dec 20, 2024
Dear Injured Worker,
It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion... View More
The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More
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answered on Nov 25, 2024
Dear injured worker,
It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s... View More
I have been experiencing discomfort and illness due to a medical diagnosis, which has caused pain and led to lost hours of wages. Over the past two years, I have been unable to work consistently, impacting my income. Additionally, the associated treatments have been financially burdensome. Could... View More
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answered on Mar 24, 2025
Dear concerned employee,
Thank you for providing your question. However, there are many questions that I would have answered before I could answer your question. If you’re concern is regarding your illnesses impact and on your employment then I recommend you seek a direct consultation... View More
In a 2024 Workers' Compensation lawsuit, an insurance lawyer presented my past work history from 2015 and 2023 against me, referencing civil code sec2015.010 code 5710, in an attempt to eliminate my current compensation. This seems to be because I did not accept an agreement to change my job... View More
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answered on Mar 18, 2025
Dear concerned employee,
Unfortunately the code sections you provided have numerous applications and are quite fact based specific and best left to your attorney to interpret its application to your particular situation. This is why it is vital that you select an attorney to represent you... View More
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
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answered on Mar 3, 2025
Dear concerned injured work,
Your situation is not unusual but it does require a more in-depth understanding of the work restrictions you have been given and the medical care you are receiving. Your health and your job are the most important aspects of a Worker’s Compensation claim and... View More
Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More
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answered on Jan 30, 2025
Dear concerned employee,
Your question should be directed to an attorney specializes in employment law. I recommend you find a find an attorney on Justia or check with your local bar association for a good referral.
Sincerely,
Dennis Dascanio
I feel like my lawyer isn't working for me and was wondering what I could do?
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answered on Jan 23, 2025
Dear concerned your worker
Just like any other profession, there are good attorneys and not so good attorneys. Fortunately, you can check on the attorneys reputation by his reviews. Justia is a great source you can use to see how clients feel about their attorney. Separately aside, it would... View More
Was on workers comp then had to wait a few months due to everything closing once I visit Doctor a few times then covid-19 happened got furloughed then was told by doctor to return to work with restrictions I got fired by boss because he claimed that there was no more work for me
is that... View More
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answered on Jan 15, 2025
Dear concerned worker,
Generally, you cannot be fired while on disability leave. However there are many exceptions and you are highly encouraged to consult with an employment law specialist on Justia. You have strict time limitations so you should seek the consultation immediately.... View More
Management has been targeting me about things I did not do, they never can prove accusations.
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answered on Jan 9, 2025
Dear concerned injured worker,
Typically only relevant medical records are discoverable in your Worker’s Compensation claim and you must authorize the release before they can be requested. If you are concerned about the release of your medical records you should consult with your... View More
Regarding my WC appeal case. I have never communicated with my lawyer before, only with the front desk agent. The insurance company has already performed surgery and given me TTD. I think I will recover. Now the defense lawyer asked me to do a deposition. The deposition notice has been sent to me.... View More
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answered on Jan 1, 2025
Dear concerned injured worker,
I understand your concerns and trepidations about your Worker’s Compensation claim. I am unable to answer your questions as you are currently represented by an attorney from the information you passed along and the questions would require a legal analysis.... View More
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answered on Nov 27, 2024
Dear Borax miner,
Lung fibrosis, also known as cystic fibrosis, is potentially related to the occupation of borax mining. You should immediately file a claim for Worker’s Compensation benefits in the state you work in. There may be federal remedies as well. I suggest you consult with an... View More
Na
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answered on Nov 1, 2024
It’s not unusual for incorrect information to come through discovery public records. Workers compensation and civil claims are generally public records. It’s best to present this information to your dad’s attorney so that he can correct the record.
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