Questions Answered by Ronald Mahurin

Q: Petition of Joinder

3 Answers | Asked in Workers' Compensation for California on
Answered on Mar 31, 2019
Ronald Mahurin's answer
The question cannot be answered because you don't provide enough information to ascertain which insurance company you are referring to. "They" is not informative.

If there was more than one insurance carrier during the last year of exposure, then your case will be apportioned between the two. However, it should not change the overall benefits in your case and most often contribution is only addressed after the case has settled. To me it seems odd that it has taken several years for the...

Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 25, 2019
Ronald Mahurin's answer
No it is not common, it is illegal.

If you were released to modified work and the employ cannot provide modified work, then you are entitled to TTD. If the employer is refusing to pay because of your work injury, then file a 132a and seek wage loss and penalties for discrimination.

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?

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 24, 2019
Ronald Mahurin's answer
Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.

Q: When should you be offered regular part time?

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Answered on Mar 18, 2019
Ronald Mahurin's answer
Unfortunately, you have no remedy before the Workers Compensation Appeals Board.

Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 24, 2019
Ronald Mahurin's answer
Yes, the carrier will be required to pay for medical treatment for any psyche or stress related to your injury, but it will be intensely litigated and will not increase the overall permanent disability in your case if the date of injury is post 2013. Just have your treating physician make a referral and go from there.

Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

2 Answers | Asked in Workers' Compensation for California on
Answered on Feb 26, 2019
Ronald Mahurin's answer
I disagree with the other other attorney on a few issues. In other words, you are in a bad place. If you file a claim there is no chance that your current employer will not be a part of the litigation. Even if the new job is not the predominant cause of your injury, you will need to address apportionment and the symptoms appeared with the new job so any competent defense attorney for the old employer is going to push everything onto the new employer.

Labor Code Section 5412 provides...

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

2 Answers | Asked in Workers' Compensation for California on
Answered on Feb 7, 2019
Ronald Mahurin's answer
1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Q: what is the interest rate on retro TD and PD and does LC5814 apply

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 30, 2019
Ronald Mahurin's answer
Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.

A 10% penalty on payments is required to be made by the carrier without request for late payments of TD.

On PD you would only be entitled to payments if your rating is high enough to generate payments...

Q: Should I subpoena the defense’s witness?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 29, 2019
Ronald Mahurin's answer
Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not listed and has not been served, then it cannot be used at trial.

No, don't subpoena defendant's witnesses. Write a letter requesting a copy of the report. If it is not produced, object to it's use as...

Q: What type of petition do you need to release funds in at workers comp MSA California? is there a title form number?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 28, 2019
Ronald Mahurin's answer
You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical treatment is minimal, which means it is not worth much money

I believe you are suggesting a Compromise and Release where the insurance carrier buys out your claim completely. It is common, but...

Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 27, 2019
Ronald Mahurin's answer
No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: Is it common for Defense attorney to list an attorney lien in pre-trial statement?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 24, 2019
Ronald Mahurin's answer
It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other factors.

It is not unusual for an attorney to say no to a client who comes in for an intake interview and starts complaining that the WCJ is a liar and the former attorney was incompetent. The risk...

Q: Where can I find records of a judge’s decisions and when he has worked with previously?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 23, 2019
Ronald Mahurin's answer
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes...

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

3 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

Q: Im having issuese with pay and placement with the security company called securitas in los angeles

3 Answers | Asked in Employment Discrimination, Employment Law, Securities Law and Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

Q: What is the judge’s duties during expedited hearings and msc?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
File for a removal, if you meet the criteria.

Q: Can an accepted workers comp claim get denied after the qme reports says my injury arose from the course of employment?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 19, 2019
Ronald Mahurin's answer
this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.

Q: how does COLA apply to life pension at 75% disability rating ?

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Jan 17, 2019
Ronald Mahurin's answer
See previous answer

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