So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If... View More

In this situation you have three options.

1) Do nothing

2) Change Treating physicians to someone who has a different approach, perhaps switch from ortho to pain management or another physician who will give you a second opinion on treatment

3) Request a Panel QME for a... View More

The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question... View More

When you write messages like this you are signaling to any future attorney that you are a difficult client, and perhaps why your prior attorney left. We don't need to know why you were unhappy, or how many mistakes your attorney made. You do not need to justify why you want another attorney.... View More

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... View More

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

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... View More

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... View More

Yes.

Apply for SDI with EDD. You have a worker compensation case number starting with ADJ.

That's not true. The first answer you received was the answer. I tired to provide you with help so perhaps you could find a new attorney. It seems that all you want is to rant. Perhaps you should ask the first attorney if he is willing to fund a malpractice case for you. I will wager that... View More

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.

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

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... View More

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

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.

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.

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

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

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

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.