I had a workers comp case, my lawyer was able to close only part of the case, leaving the medical part open. However, with the compensation I obtained from the 1st part closed, he took his payment, told me he was done with the case and was no longer representing me and gave me a letter of... Read more »
Yes this is legal. The attorney is entitled to fees on the remaining part of your case. In fact, the court will probably not allow the case to settle unless the issue of attorney fees is addressed. Most often the carrier adds a bit more to the settlement to cover fees, so it should not cost you...Read more »
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... Read more »
If it is the same employer and same carrier, you should be able to get a global settlement. However, if it is a different employer, or different carrier, then you will need to get everyone involved and this will take some time and expertise. I suggest you seek representation. The cost of an...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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...Read more »
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 »
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 »
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?
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 »
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 »
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 »
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.
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 »
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 »
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.
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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