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Questions Answered by Ronald Mahurin

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 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 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.

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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 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 »

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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 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 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 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 »

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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 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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: Hello.In WC case, Is there a statue of limitations on defendant party to seek discovery?

If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... Read more »

Ronald Mahurin answered on Jul 6, 2019

At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: how far back can a workers comp case go? Injured and treated in late 80s, never closed case.

ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.

Ronald Mahurin answered on Jun 25, 2019

Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult

Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific...
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1 Answer | Asked in Workers' Compensation for California on

Q: Old injury in 1900; Continuous trauma (Surgeries) Whic h rating is legal? 1995 or AMA 5th edition

herniated lumbar disc in 1990 ; no treatment until 2000; 5 surgeries; laborer permanently disabled

Ronald Mahurin answered on Jun 24, 2019

It all depends upon what the medical records say about permanent disability prior to April 2004. If there is a statement that you were going to have permanent disability prior to April 2004, then old schedule. If TTD notice sent prior to April 2004 then old schedule. If PQME provides permanent... Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: My question is about workers compensation in California.

My husband's employer's TPA and UR personnel, and the state's IMR all denied him medical treatment requested by his orthopedic surgeon. Now they have informed him that since he was denied treatment he has to wait one year before his doctor can submit another request for treatment. A year is way too... Read more »

Ronald Mahurin answered on Jun 24, 2019

1) Your husband does not need to wait a year for the requested treatment if the Treating Physician submits a new Treatment Request (RFA) citing different reasons why the treatment is necessary or if circumstances have changed substantially.

2) As for the billing, your husband can always...
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2 Answers | Asked in Workers' Compensation for California on

Q: If injured at work doing something that is not in your job description is the employer still responsible?

While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... Read more »

Ronald Mahurin answered on Jun 4, 2019

Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case, but the... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Are the judges summary of trial official?

I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?

Ronald Mahurin answered on May 28, 2019

I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »

Ronald Mahurin answered on May 26, 2019

Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... Read more »

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1 Answer | Asked in Workers' Compensation, Banking, Federal Crimes and Government Contracts for California on

Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do

Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds

Ronald Mahurin answered on May 20, 2019

If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.

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

Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?

Having been on work comp can or may affect future employment? (For repetitive stress injury)

Follow-up question: Restrictions are minimal and worker is on modified duty. Do not have time to settle case (1 month left before exiting US). What would be best possible ways to close this work... Read more »

Ronald Mahurin answered on May 18, 2019

There are several possibilities

1) defendants will seek to have the claim dismissed if there is no activity for 6 months

2) The case will linger and nothing will be done until the employee returns or case is dismissed

3) the employee can try to get treatment outside US,...
Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: How can I get an original copy of my trial transcripts?

I called to see if I can get a copy but they told me I had to write a written request and put $100 down. The presiding judge will review and see if I can get a copy. Then I’ll have to pay for anything over $100.

I received a court summary transcript the following day. The summary left out... Read more »

Ronald Mahurin answered on May 5, 2019

You have been misinformed. The applicant incurs no costs in a workers compensation case. Perhaps you are in the wrong form. You need only write a request for a copy and explain why it is needed. The court is obligated to provide you with a copy at no charge.

4 Answers | Asked in Medical Malpractice for California on

Q: 1st workers comp Dr never set my broken finger and I saw him twice for a total of 3 minutes. After a month I saw 2nd Dr

The 2nd Dr has to break and reset my knuckle and finger because it healed in the wrong position. Do I have a malpractice case against the 1st Dr

Ronald Mahurin answered on Apr 25, 2019

Malpractice is distinct from workers compensation. You must speak with a different type of attorney. I suggest you contact the local bar association. Medical malpractice is a very complex field and most likely, given the nature of your injury, you will have a difficult time finding an attorney... Read more »

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3 Answers | Asked in Workers' Compensation for California on

Q: Petition of Joinder

I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... Read more »

Ronald Mahurin answered on Mar 31, 2019

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...
Read more »

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2 Answers | Asked in Workers' Compensation for California on

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

My surgeon released me back to work on modified but the facility says there’s no money in the budget to pay me and wc insurance is to continue. So now neither one is planning to pay me. Is this common? Is this legal? Of course the claims adjuster has offered a very low settlement. I do have an... Read more »

Ronald Mahurin answered on Mar 25, 2019

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.

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