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Questions Answered by Ronald Mahurin
3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 19, 2024

First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the...
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2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What's the passing point in WC claim to get new Attny? (The Point that new attny can't fix damage done by prior attny?)

I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More

Ronald Mahurin
Ronald Mahurin
answered on Jan 27, 2024

The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: When should the WC adjuster request recs from my PCP?

I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More

Ronald Mahurin
Ronald Mahurin
answered on Dec 31, 2023

1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine

2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP

3) If you don't receive the medical records promptly request a court date and have the WCJ...
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2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I just signed a workman’s comp settlement. There was no letter of resignation involved because I was fired months ago

Due to a mass layoff. Does this mean I can file for unemployment.

Ronald Mahurin
Ronald Mahurin
answered on Nov 30, 2023

yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.

Normally to receive WC benefits you must attest that you...
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3 Answers | Asked in Workers' Compensation for California on
Q: Work comp finally agreed to pay for caregiver. My son who is a cg for other people has been mine what says law?

I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.

I got approved for 24/7 care

I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More

Ronald Mahurin
Ronald Mahurin
answered on Oct 19, 2023

You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options... View More

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4 Answers | Asked in Workers' Compensation, Employment Law and Employment Discrimination for California on
Q: In June of last year my attorney filed my claim for workers comp, I thought, she has been after the wrong ins. Now what?

She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More

Ronald Mahurin
Ronald Mahurin
answered on Mar 17, 2023

I am in agreement with Mr. Fazzi. If your attorney served the employer with the Application and supporting materials with a proof of service, there should be no issue with the insurance carrier because the employer has a duty to notify its insurance carrier that a claim has been filed. As for... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: California Workers Compensation: Can the 66-2/3rds TTD Indemnity be affected by COLA.

I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 7, 2024

No. No increases recalculations are done until after two years. You are asking about one year. There are exceptions. If you are not represented you can speak to the Information and Assistance officer or see an experienced attorney.

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3 Answers | Asked in Workers' Compensation for California on
Q: In California can the 66.66% indemnity paid be increased solely due to a COLA adjustment?

There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 7, 2024

If you have an award in place, then yes you can pass the statutory maximum for TTD with COLA, but this most often happens when you are received 100% awards of PD at the TTD rate..

You are confused as there is no 104 week cap on TTD benefits for a 2003 claim

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3 Answers | Asked in Workers' Compensation for California on
Q: Have massive injuries looking for work comp atty w/ out tedious intake to get a feel of who you are. Personality very im

Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More

Ronald Mahurin
Ronald Mahurin
answered on Jan 24, 2024

While you are specific in saying you want a WC attorney, you are vague with your description of injury.

For your information, I typically stay away from psyche cases due to complexity. The good faith personnel defense stays benefits for years and present an ugly experience for an...
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5 Answers | Asked in Workers' Compensation for California on
Q: I have a comprise and release settlement option for my workers compensation claim.

Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.

Ronald Mahurin
Ronald Mahurin
answered on Jun 22, 2023

It is only a part of the C&R if you agree to include it, so I am confused at the question in the first place.

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3 Answers | Asked in Workers' Compensation for California on
Q: Is it legal for an insurance company to stop paying benefits without medical validation by challenging their own doctor?

The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More

Ronald Mahurin
Ronald Mahurin
answered on Apr 27, 2023

Who is going to punish the Insurance Company? File for Penalties

File for an Expedited hearing and use the PTP reports to justify continued payments of TTD.

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2 Answers | Asked in Workers' Compensation for California on
Q: Qme recommended lower back epidural injection if I refuse that type of treatment will it effect my workman's comp case
Ronald Mahurin
Ronald Mahurin
answered on Sep 7, 2022

The QME has exceeded the scope of the evaluation as QMEs no longer control medical treatment. If your treating physician asked for an epidural, then the carrier needs to send the request through UR and IMR. I say this because an epidural is not a diagnostic, but treatment. Rest assured the carrier... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: I got injured at work 4 and a half years ago and my workers comp case has finally settled. Edd wants the SDI money back.

I received a call from my attorney over a month ago saying that EDD wants to take a portion of my settlement to cover what they paid me in SDI benefits. My attorney said that I cannot be paid until this issue is resolved. It's a bummer but if I have to pay, it is what it is. My concern is, my... View More

Ronald Mahurin
Ronald Mahurin
answered on Jul 12, 2022

It's EDD, is a state agency that was overwhelmed before the Pandemic and has never caught up. At least you are not being evicted. I have a client who had everything resolved with EDD about three weeks ago, but the paperwork still has not gone through. He has until Sunday to pay five months... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: They keep pressuring Me to Settle My Spinal Cord Injury Case. I have a Càtastrophic Injury.

I have Done Nothing Wrong. I am Just a Victim. I am Considered Wheelchair Disabled caused by My Job. I have been Bias Slandered and Made to Look Bad. All I Want to Be is Treated Fairly.

Ronald Mahurin
Ronald Mahurin
answered on Jul 10, 2022

Unfortunately I do not see a question here, just multiple complaints about the California workers compensation system.

You can always represent yourself if you are unhappy with your current attorney.

2 Answers | Asked in Workers' Compensation for California on
Q: Can I reopen a work comp case after a compromise and release settlement?

2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 16, 2022

Within 5 years of the date of injury the court has more authority than after due to LC 5410. However, if you reopen your claim, are you prepared to pay back defendants the money they paid in good faith to settle the case? If not, then the answer is no.

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1 Answer | Asked in Workers' Compensation for California on
Q: You have answered a question about AWR but this is a follow up. After being on WC leave and having surgery and My

Surgeon had me transitioning back into my reg 12 hour shift starting at 6 hours which was to end after 2 weeks and my last day before I was restriction free I was struck from behind by a forklift with a full rack(load) I landed on my just repaired knee and elbow it was so scary and besides feeling... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 15, 2022

Yes this should be considered a new injury. You should file a DWC-1. What is important here is that a new injury will reset the 104 week cap on TTD benefits if you can establish some additional injury from the incident. Yes, the TTD for this new claim should have a higher TTD rate than the 2020... View More

3 Answers | Asked in Workers' Compensation for California on
Q: In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low

My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this

Ronald Mahurin
Ronald Mahurin
answered on Jun 13, 2022

Yes. You can appeal anything. Whether or not you can succeed is a different question. You don't explain the reasons for the furlough so no one can say whether or not you will succeed.

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3 Answers | Asked in Workers' Compensation for California on
Q: I am licensed in California (41 years). I have a workers comp patient ( claim denied) who moved to Tennessee.

May I continue to provide teletherapy treatment ( no more than 12 sessions per year)?

Seth Hirsch,PhD ( hirschphd@aol.com). Thank you.

Ronald Mahurin
Ronald Mahurin
answered on Jun 12, 2022

Yes, but the real question is whether or not you get paid by the WC carrier.

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1 Answer | Asked in Workers' Compensation for California on
Q: As an injured worker from 03 & 05 with future medical. My former employer rep has not notify my request for medical.

In March 2022, I contacted my lawyer who rep my case and the insurance company to get medical help with my injured back from 2003 and 2005. My rep has been inconsistence in returning my calls and/or not returning my request for medical advice. The one response I received from my lawyer was... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 7, 2022

what I do in these older cases when I have medical treatment issues is as follows.

1) Document all doctor visits. If there is no treatment for some time request an appointment with the doctor in writing. Document the response. If the doctor is no longer in practice, go back to the MPN and...
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1 Answer | Asked in Workers' Compensation for California on
Q: The Settlement of $20,000 means that we are paying $3480 of the Permanent Disability to your mom’s knee plus $16,520.

Please help me understand in simple terms? What money is she getting at the end

Ronald Mahurin
Ronald Mahurin
answered on Sep 1, 2021

I regret to say that your question cannot be answered without more information. The obvious explanation is that defendants are paying a remainder of permanent disability in a lump sum of $3480 and about $16,000 to close out future medical treatment, but again I cannot say without more information.

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