Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ronald Mahurin
3 Answers | Asked in Workers' Compensation for California on
Q: Workers compensation Insurance agent didn't send Rfa thru ur?

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 bypass... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 19, 2020

I disagree with the other attorney in that adjusters can do what they want, subject to penalties for failure to perform their duties. The question cannot be answered without knowing the relationship between the PTP and the secondary PTP, or how you got to a secondary PTP. If secondary PTP sends... Read more »

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: Three years post injury, case still open, can I get disability now?

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... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 19, 2020

yes

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I just closed my work comp case last year, but symptoms are back, new job and it's hard to work, what should I do?

Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.

Ronald Mahurin
Ronald Mahurin answered on Jan 15, 2020

1) who told you there was nothing significant?

If you settled by Compromise & Release, then you are out of luck. Most likely any new proceedings will apportion your problems to the old injury. If you settled by Stipulations with an open medical award, you can reopen the case within five...
Read more »

View More Answers

4 Answers | Asked in Workers' Compensation for California on
Q: if the deposition of a doctor in a work comp case is taken, is the applicant party entitled to a free copy of transcript
Ronald Mahurin
Ronald Mahurin answered on Jan 13, 2020

If there is no attorney, yes, but you may have ask the defense attorney for a copy. If there is an attorney, then no. You should ask your attorney for a copy. However, in some instances the doctor will specify that the applicant not be given a copy. This happens in psyche cases wherein the doctor... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: If personal injury settles before workers comp and a credit is issued... Is credit applied to disability settlement?

If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

The credit applies for any costs or benefits the carrier is required to pay in the WC case. Yes, you can dispute the credit.

1 Answer | Asked in Workers' Compensation for California on
Q: Can I dismiss my ptp on grounds lc 9786 for reports that don't conform to the law?

If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company established no mpn.... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

You can change treating physicians without cause at any time by requesting a transfer within the MPN.

1 Answer | Asked in Workers' Compensation for California on
Q: Do I need to submit my proposed argument to the judge beforehand and turn into the court for wc status conference?

I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve the... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?

Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.

I am making no progress, in tremendous pain do to... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 4, 2020

Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Question

We JUST sent their atty our denial through our workmans comp atty, and our atty just told us she’s sending it to the DA? I’m confused. Doesn’t it stay within our atty’s hands unless we can not agree then it goes to the court? We do believe it’s a Fraudulent case so could our atty be... Read more »

Ronald Mahurin
Ronald Mahurin answered on Dec 19, 2019

This makes no sense because there are too many attorney. Your attorney should be the defense attorney. You need to rephrase the question or I doubt anyone can answer it.

1 Answer | Asked in Workers' Compensation for California on
Q: Am I required to submit my W2 to the Workers Comp insurance to continue to receive my PPD payments.

I assume they want to see if I am making more money now than before my injury. The injury was in California in 01/2005.

Ronald Mahurin
Ronald Mahurin answered on Nov 19, 2019

The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.

3 Answers | Asked in Workers' Compensation for California on
Q: I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?

I'm asking because my employer told me I have to go on my time ..

Ronald Mahurin
Ronald Mahurin answered on Nov 3, 2019

The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: payment after the fact

I had a workers comp case, my lawyer was able to close only part of the case, leaving the medical part open. However, with the compensation I obtained from the 1st part closed, he took his payment, told me he was done with the case and was no longer representing me and gave me a letter of... Read more »

Ronald Mahurin
Ronald Mahurin answered on Oct 2, 2019

Yes this is legal. The attorney is entitled to fees on the remaining part of your case. In fact, the court will probably not allow the case to settle unless the issue of attorney fees is addressed. Most often the carrier adds a bit more to the settlement to cover fees, so it should not cost you... Read more »

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... Read more »

Ronald Mahurin
Ronald Mahurin answered on Sep 7, 2019

If it is the same employer and same carrier, you should be able to get a global settlement. However, if it is a different employer, or different carrier, then you will need to get everyone involved and this will take some time and expertise. I suggest you seek representation. The cost of an... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I'm trying to find which case in the Workers' Comp. Appeals Bd

ether in Eyad as a strict American Medical Association (AMA) Guides rating of 58%, after the principles set forth in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal. App. 4th 808, 75 Cal. Comp. Cases 837 and Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.... Read more »

Ronald Mahurin
Ronald Mahurin answered on Aug 15, 2019

Both of the cases you are looking for are available through google by name, or on the DIR/WCAB list of important cases.

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 it's been too... Read more »

Ronald Mahurin
Ronald Mahurin answered on Aug 1, 2019

You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.

View More Answers

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.
Ronald Mahurin
Ronald Mahurin answered on Aug 1, 2019

If you were hurt before you were terminated and the employer had knowledge, then you should have no problem proceeding with a WC claim. If you employer was not aware of your injury until after you were terminated, then a new set of rules apply. Generally for this type of case you will need an... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith for California on
Q: Insurance Carrier files an Application for Adjudication of Claim. What establishes "Material Misrepresentations?”

When the Insurance Carrier files a Declaration Under Labor Code Section 4906(h) with the WCAB under “penalty of perjury”, what establishes "Material Misrepresentations?"When would such application be considered defective or void?

The Defendants who filed the adjudication have... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jul 30, 2019

You are focused on the wrong issues. An application is on file. It can be amended at any time within 5 years of the date of injury. Now you have a case number. Defendants are correct in this regard, it doesn't make much difference what is on the application because defendants can always change... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: For temp disability benefits. If I didnt work barely an of the 52 week prior can the calculate my income another way
Ronald Mahurin
Ronald Mahurin answered on Jul 24, 2019

Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be... Read more »

2 Answers | Asked in Personal Injury, Workers' Compensation, Civil Rights and Insurance Defense for California on
Q: In a WC case, can the defendant party deny me appearing for my deposition by remote or electronic means?

I have a desire to appear by either telephone or by remote or electronic means for a deposition

The judge doesn’t seem to have a problem with it, since I can get a recommendation from my clinical treating therapist or get ADA accomodations.

The representing attorney said it was... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jul 12, 2019

You are fighting a losing battle. The fact that you don't want to appear for a deposition is not justification. Defendants have the right to take your deposition directly. The only way you can justify not showing up is to show extraordinary circumstances that support the fact that you cannot... Read more »

View More Answers

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 appointments,... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jul 9, 2019

If he is still within 5 years from the date of injury, he can reopen his case and this may be to his advantage. However, if the carrier is conducting timely Utilization Review then your only option is to appeal to IMR. Unfortunately, that's the law now. The court no longer has jurisdiction to... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.