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Questions Answered by Ruben Montoya
2 Answers | Asked in Workers' Compensation for California on
Q: I was injured on a job over 10 years ago and I my doctor wrote me out 0% disabled with the possibility of surgery needed

Again in the future. Its now the future but, who's responsible for the surgery?? There was never a timeline put on the paperwork

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

The insurance. Will you get the surgery if you request it? NO. You will need to get a PTP (within the MPN) which based on his medical opinion will decide if you need surgery. If he states you need it he will make request for authorization to the insurance. Insurance will send it to Utilization... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: WC wants Me to sign medical release form for all medical and dental records. Do I have to sign this?

They want me to sign a medical

Release form for all my medical and dental records. Not all records are related to my injury. They say claim may be denied if I don't. Do I have to sign to release All medical records?

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

Yes you have to sign release if you want to pursue your case. It is a discovery right that defense is entitled too. The reason is that they want to check your medical history to determine if you had a previous injury to the body parts alleged. If so you will have what is called apportionment.... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it legal for a workers compensation doctor to give a pregnancy test during an appointment for a minor hand injury?

No I did not give permission.

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

Did you consent to a pregnancy test? Not possible to answer your question with limited facts provided.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Hi I'm out on a workers comp injury and sustained another injury unrelated. Neither are complicated. Do I need lawyer?

I will likely need a few more weeks off work to heal second injury. There will be overlap.

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

You should get an attorney. There are many factors that come into play. For example if you are out on a knee injury and you were walking and due to your WC injury you incurred another injury not at work a good WC lawyer will fight to establish that due to your WC injury you incurred this new... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I have workers comp case and need surgery. I found out owner is closing business. What happens with my case?

insurance company has been stringing this out for a year.surgery was postponed because of failed pre op.i now have clearance but doctor hasn't rescheduled surgery yet

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

The closing of the business should have no effect on your case since you are dealing with WC Insurance which covered the employer at the date of injury. However I highly recommend that get a free consultation by a local attorney for your injury. Remember that WC attorneys work on a contingency... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: 5 years after back injury, delays by Co. WC atty, nerve damage from lack of definitive care, can we sue Co. ?

patient worked in E.R. lots of back strain, developed nerve impingement, entered WC system, hospital's WC atty instigated a series of delay tactics spanning several years, hoping claimant would give up. After four years a small settlement is expected. Patient incurred additional nerve damage... View More

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

What you are going through is very common in WC and unfair in the opinion of many. The current condition of the WC system is due to changes done in 2013 when the IMR was implemented and power taken from attorneys and judges and solely given to medical unit and IMR (Independent Medical Review).... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Can a job provide accommodations for months and then say they won't anymore?

I have a back injury I got at work and am on workmans comp and for six months I've been accommodated and now work is saying they won't do it anymore and want to move me to another lower paying position. They can still accommodate me if they choose to. Is this legal?

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

If this is a CA WC claim yes they can however if you have not been declared to reach Maximum Medical Improvement you would be TTD which means that you cannot work because you are recovering. I recommend you get a WC attorney. Good Luck!

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