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Questions Answered by Ronald Mahurin
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for California on
Q: I was assaulted at work by a co worker with a box cutter, i would like to know what my legal option are.

He is in jail awaiting trial, and im going through PTSD due to what happened and im currently not working. I have filed worker's comp, but have not heard back regarding this and its been over 1 month already.

Ronald Mahurin
Ronald Mahurin
answered on May 18, 2021

In situations like yours it is best to get an attorney right away. You say you have PTSD. Really? Is that your diagnosis or a physician's. If a physician says PTSD, then you can probably qualify for TTD. If it is your opinion, it's worthless. You will need a medical report establishing... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Trial scheduled for disputed attorney fees.

Hi,

I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... Read more »

Ronald Mahurin
Ronald Mahurin
answered on Jan 4, 2021

1) If the WCJ believes testimony is needed, then there will be a court reporter, otherwise most everything will be done in the WCJ chambers.

2) Yes you have all the rights available with respect to any trial result.

The attorney is entitled to payment Quantum Merit. That means...
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1 Answer | Asked in Workers' Compensation for California on
Q: Please help with choosing a doctor I received my panel

F

Ronald Mahurin
Ronald Mahurin
answered on Nov 30, 2020

I cannot do anything without their names

Ron Mahurin

Northerworkerscomp.com

2 Answers | Asked in Workers' Compensation for California on
Q: How do you write a settlement demand letter?

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 .

Ronald Mahurin
Ronald Mahurin
answered on Nov 21, 2020

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 »

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1 Answer | Asked in Workers' Compensation for California on
Q: Dismissed Attorney fee dispute held in trust account after an Approved C&R.

Hi,

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 »

Ronald Mahurin
Ronald Mahurin
answered on Nov 16, 2020

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 »

3 Answers | Asked in Workers' Compensation for California on
Q: workers comp- Cant get hold of my adjuster and his supervisor but apparently the case has been closed

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 »

Ronald Mahurin
Ronald Mahurin
answered on Oct 16, 2020

Call the information and assistance office in Sacramento, or put the case on Calendar by filing a DOR on the issues you have listed in your question.

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3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back

Ronald Mahurin
Ronald Mahurin
answered on Sep 16, 2020

So do you have a question, or are you just ranting?

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2 Answers | Asked in Workers' Compensation for California on
Q: My wc claim was denied at day 92. Decision date was set for 8th and the response letter was dated 10th.

What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.

Ronald Mahurin
Ronald Mahurin
answered on Jul 21, 2020

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 »

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3 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I won my workers comp case after 2 yrs. & need to pursue the 132a that was filed. My lawyer doesn't handle 132a.

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.

Ronald Mahurin
Ronald Mahurin
answered on Jul 19, 2020

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 »

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2 Answers | Asked in Workers' Compensation for California on
Q: Do I have to accept what they offer?

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?

Ronald Mahurin
Ronald Mahurin
answered on Jun 6, 2020

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 »

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