I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .
Assuming you have completed all the evaluations and have served them on the SIBTF, you simply need to send them a letter with your demand. It's not that complex. However, getting the case ready for a hearing is, and note the SIBTF will not respond to a demand unless the case is ready. This...Read more »
Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... Read more »
By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case....Read more »
My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... Read more »
Ms. Wallace may be wrong. The 90 presumption only applies upon receipt of the DWC-1 form, at least says the Supreme Court. So if you did not file a DWC-1 claim form with the employer, there is no 90 day presumption. As for the anxiety claim, it's impossible to say without more information....Read more »
I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.
The problem you have is that the real money in a 132a discrimination claim before the WCAB is an award of wage loss. In order to qualify for wage loss you must be willing and able to work. Therefore, any time you were off work due to your injury does not count. Otherwise, the maximum award is...Read more »
If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?
Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement...Read more »
If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?
The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I...Read more »
All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.
I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... Read more »
This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.
I am a little confused. I am guessing that you have an open medical award or an open workers compensation case and the carrier is looking to see if there is treatment overlap, for example if you hurt your neck in the car accident and had an award for neck treatment or have claimed a work neck...Read more »
generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax...Read more »
I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled
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... Read more »
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 »
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 »
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.
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...Read more »
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 »
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?
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