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...
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.
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.
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.
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.
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...
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...
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...
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....
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...
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...
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.
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.
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.
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