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Questions Answered by Ruben Montoya

1 Answer | Asked in Workers' Compensation for California on

Q: Injured at work last year 11/1/16. 2/15/17 complicated by infection of the injured leg causing sepsis and hospitalized.

Discharged home w/wound open and infection continue. Employee Health discharge my case, and rwlease me to full duty. WC insurance closed my case. Is that right, what to do?

Ruben Montoya answered on Jun 10, 2017

Get an attorney and DO NOT SIGN ANYTHING. If infection is of injured body part, that is work related. Talk to an attorney immediately.

1 Answer | Asked in Workers' Compensation for California on

Q: I was sent to the insurance workers comp doctor I was hurt on April 6 it's now may 15 I'm on a 90 day investigation

Through workers comp the doctor told me I'm going to need non invasive surgery and I'll probably be out until October he I was told to apply for edd because I would get income faster because I really need the money my doctor signed the edd from application and said I was disabled and I was hurt... Read more »

Ruben Montoya answered on Jun 10, 2017

Apply for EDD. As to medical attention the employer is obligated to pay up to $10K while your claim is in delay. I highly recommend that if you do not have an attorney that you get one. Remember Work Comp attorney's work on a contingency fee which means you have no upfront cost and you pay them... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: Can missing work to find another job effect my pending settlement?

I hurt my thumb using a grinder at work and head to reattach my ulnar collateral ligament . Date of injury is 2/18/16 and surgery was 5/5/16

Ruben Montoya answered on Jun 10, 2017

If you go against the restrictions that your doctor is recommending yes it might because they may bring you new employer as a party. If you look for jobs which would not require you to use your body parts claimed as injured you should be OK.

1 Answer | Asked in Workers' Compensation for California on

Q: Can a Workers Comp. lawyer just drop your case, leaving you without representation, in the middle of your case

And still receive the full fee so no other WC lawyer will take your case? What can I do now to get another lawyer.?

Ruben Montoya answered on Jun 7, 2017

Yes he can. You can petition the court to not allow him to do so. However I do not think you want to obligate an attorney to stay in your case. Understand that if you get another attorney he will get that same 15% you promised the first attorney. So they would have to fight it off. Call local... Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: Is there a time frame with work comp to return to work after surgery?

Injured in November 2016. Surgery April 5, 2017.

Is there a time frame that I have before I must return to work?

Ruben Montoya answered on Jun 7, 2017

That cannot be answered by any attorney by the limited facts provided. The decision is a medical determination and how fast you heal and are able to return to work.

1 Answer | Asked in Workers' Compensation for California on

Q: How long should I expect to receive my settlement check?

I had surgery for a Slap Tear in my shoulder in Sept. My lawyer got me a settlement which included my voluntary resignation last Tuesday & I went into my lawyer's office 2 days later to sign all paperwork.

Ruben Montoya answered on Jun 7, 2017

https://eams.dwc.ca.gov/WebEnhancement/RequesterInformationCaptureScreen.jsp?logout=out

Go into the link provided and input your information. Check events. If or when it shows that Workers Comp Judge approved your settlement the insurance has 30 days to issue check. Or avoid all that...
Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: I am recieving workers comp and I am on a contract. Is it legal for them to not renew my contract if I'm still hurt?

I am on temporary disability due to a work-related repetitive motion injury. My contract is up at the end of the month but they have always renewed it. Is it legal for them to not renew my contract if I cannot work for them during this temporary time?

Ruben Montoya answered on Jun 7, 2017

If they do not renew your contract and no work is available for you based on your restrictions they will be liable for TTD for such periods. If they do not renew your contract I would suggest that you consult with an employment attorney that would be more fit to answer that question. Good Luck.

1 Answer | Asked in Workers' Compensation for California on

Q: Any advice you can give would be grateful.

I filed a workers comp case because of the injury and that is still under review. I haven't received any work comp payment's or withdrawn from the SDI account. My question is this. There is a possibility that I may be offered another job with another employer involving different work. Not the same... Read more »

Ruben Montoya answered on Jun 7, 2017

I would get a job description from your new job offer and provide to doctor to determine if you can perform duties based on your medical condition. If the doctor determines that based on your condition you can perform such duties without aggravating your injury you should be OK. I would strongly... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: Can I demand that I'm settled out on future medical? And do they have to come to a settlement agreement? Or refuse me?

Ruben Montoya answered on Jun 7, 2017

You can demand however the work comp insurance is not obligated to settle out your future medical just "provide" it. The WCAB cannot obligate them to settle your future medical. If you want to settle your future medical treat and the more it cost them the more likely they are to settle your... Read more »

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3 Answers | Asked in Personal Injury and Workers' Compensation for California on

Q: I lost part of my finger working should i do workers comp or personal injury or both?

Ruben Montoya answered on May 31, 2017

Based on the information provided your only remedy is Workers' Compensation. However if the injury was caused by a third party you may have a PI claim as well. You may have a serious and willful if employer's behavior which result in injury to employee, are beyond the realm of negligence or gross... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: Will my bi-weekly PD benifit payments continue until I receive my settlement check (compromise release)?

The details of my compromise and release agreement are still being negotiated. I heard that it can take 30 days after approval from Judge to get the check. Just concerned about a temporary stop in payments while waiting for settlement check. Note: I was originally awarded a stiplulation but my... Read more »

Ruben Montoya answered on May 15, 2017

If still in negotiations and you are entitled to PD (still not paid full amount of %) you will be paid. However once a judge approves it you will not receive any further payments until you receive full value of your settlement. However the person to answer questions would be your attorney that is... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: In California, when injured at work, does your employer put you on FMLA or LOA?

Ruben Montoya answered on May 14, 2017

You get put in Workers Compensation benefits if you are entitled to them. If you are recovering from your injury while treating and cannot compete in the open labor market while you recover you get Total Temporary Disability benefits (2/3 of your paycheck before taxes). If you reached maximum... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: Workers comp has me on 90 day delay for my benefits I applied for edd my doctor acknowledged in the application I was

Injured at work does that open a window on winning my lawsuit they are claiming it's a preexisting injury but my I know it ain't I got medical records to show it

Ruben Montoya answered on May 14, 2017

Based on the facts it seems that they have not accepted or denied. If you are in denial time frame the Workers Comp Insurance is investigating the matter. Also regarding a pre-existing condition, the only person able to make that determination is a doctor. I would highly recommend you get a WC... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: My attorney recently told me to apply for edd insurance I got accepted doctor said I was injured at work workers comp

Said I didn't but on the edd application my doctor said I did get because of this workers comp has caused me to Miss payment on my loans how solid is my case

Ruben Montoya answered on May 14, 2017

Impossible to answer your question with very limited information provided.

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1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: im injured and off work w dr notes but am going to drug treatment program unrelated to injury dr said my injury is wc

I have been off work about a month with dr notes excusing my days off. My dr told me that my injuries are work related and I need to do WC claim with my work. I have not yet dont it but am going in on monday to file paperwork . On a seperate note I am struggling with drug addiction and am going to... Read more »

Ruben Montoya answered on May 12, 2017

Drug use will not automatically exclude you from workers compensation benefits. Insurance company can claim an intoxication defense only IF THE INTOXICATION WAS THE CAUSE OF THE INJURY. Let me give you an example:

(1) Worker is loading merchandise. Co-worker does not see him and runs him...
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1 Answer | Asked in Workers' Compensation for California on

Q: Out on Workmans Comp 1 yr 9 months 4 surgeries 2/3 pay does settlement have to pay lost wages for leave without pay?

I get a paycheck every 2 weeks with 25 hrs Leave Without Pay plus I do not get my daily overtime pay because I am not there. Just wondering if this is part of lost wages and can my Attorney get that back for me?

Ruben Montoya answered on May 9, 2017

Your TTD amount should take into consideration overtime. They will pay you 2/3 of your wages including 2/3 of overtime. So the answer is yes your attorney can file a DOR requesting a Expedited Trial to address such. You should get penalties and sanctions as well as per CA LC 5814. Good Luck.

2 Answers | Asked in Workers' Compensation for California on

Q: Fell of ladder at work and back been hurting managers just laugh

Work at shoe store and as a reaching for a pair of shoes I missed a two and fell 3 to 4 ft high since my neck and back been hurting I mention it to the managers and one just said it was gonna hurt if I fell and the other one just laugh about it what can I do my back been hurting bad

Ruben Montoya answered on May 8, 2017

Inform your employer in writing and with a brief description of what occurred including the fact that you verbally reported injury and they failed to provide medical attention and/or DWC-1 documents to file a Workers Compensation claim. Fax, email, text. Once done go get an attorney asap because... Read more »

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2 Answers | Asked in Workers' Compensation and Employment Law for California on

Q: How liong does it take for a compromise & release after stipulated agreement? Employer cant accomodate my restrictions

I got a stipulation award in Feb 2017. Lawyer mentioned 2 weeks ago that he was going to request a C & R for me since I cant go back to work. but I cant get an update on status.How long does this process take? Can this C & R be done in 30 days?

Ruben Montoya answered on May 9, 2017

Parties are not obligated to settle by way of C&R. The WCAB does not have the power to order parties to enter into a C&R. To answer your question there is no limit to how long they can take if in fact they want to settle by C&R. However if you constantly treat defense might be more incline to... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: If your worker's comp claim is denied, can you appeal it in court?

Ruben Montoya answered on May 9, 2017

You can. However you will be dealing with a defense attorney with years of experience. In WC attorney's work on a contingency fee which means that you pay nothing upfront. Most AA charged 15% which if they are half decent will more likely get you more than the 15% you will be paying. I highly... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: injured at work

injured at work need future surgery on arm, 2 disc in spine bluging dre catogory 2 cannot lift no more than 10 lbs, no sitting, standing walking for more than 30 min, nerves are damaged, cannot return to the kind of work i use to do.i have permanate disability in arm and spine, been out of work 2... Read more »

Ruben Montoya answered on Apr 4, 2017

Your WC settlement should include future medical, permanent disability %, supplemental job displacement voucher, mileage, out of pocket expenses.

I strongly suggest that you get representation before you dig yourself into a medical whole that you cannot get out off. If you are unable to...
Read more »

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