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Questions Answered by Ronald Mahurin

1 Answer | Asked in Workers' Compensation for California on

Q: how far back can a workers comp case go? Injured and treated in late 80s, never closed case.

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.

Ronald Mahurin answered on Jun 25, 2019

Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult

Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific...
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1 Answer | Asked in Workers' Compensation for California on

Q: Old injury in 1900; Continuous trauma (Surgeries) Whic h rating is legal? 1995 or AMA 5th edition

herniated lumbar disc in 1990 ; no treatment until 2000; 5 surgeries; laborer permanently disabled

Ronald Mahurin answered on Jun 24, 2019

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 »

1 Answer | Asked in Workers' Compensation for California on

Q: My question is about workers compensation in California.

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 »

Ronald Mahurin answered on Jun 24, 2019

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...
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2 Answers | Asked in Workers' Compensation for California on

Q: If injured at work doing something that is not in your job description is the employer still responsible?

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 »

Ronald Mahurin answered on Jun 4, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: Are the judges summary of trial official?

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?

Ronald Mahurin answered on May 28, 2019

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 »

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2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

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 »

Ronald Mahurin answered on May 26, 2019

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 »

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1 Answer | Asked in Workers' Compensation, Banking, Federal Crimes and Government Contracts for California on

Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do

Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds

Ronald Mahurin answered on May 20, 2019

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.

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?

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 »

Ronald Mahurin answered on May 18, 2019

There are several possibilities

1) defendants will seek to have the claim dismissed if there is no activity for 6 months

2) The case will linger and nothing will be done until the employee returns or case is dismissed

3) the employee can try to get treatment outside US,...
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1 Answer | Asked in Workers' Compensation for California on

Q: How can I get an original copy of my trial transcripts?

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 »

Ronald Mahurin answered on May 5, 2019

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.

4 Answers | Asked in Medical Malpractice for California on

Q: 1st workers comp Dr never set my broken finger and I saw him twice for a total of 3 minutes. After a month I saw 2nd Dr

The 2nd Dr has to break and reset my knuckle and finger because it healed in the wrong position. Do I have a malpractice case against the 1st Dr

Ronald Mahurin answered on Apr 25, 2019

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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3 Answers | Asked in Workers' Compensation for California on

Q: Petition of Joinder

I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... Read more »

Ronald Mahurin answered on Mar 31, 2019

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...
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2 Answers | Asked in Workers' Compensation for California on

Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.

My surgeon released me back to work on modified but the facility says there’s no money in the budget to pay me and wc insurance is to continue. So now neither one is planning to pay me. Is this common? Is this legal? Of course the claims adjuster has offered a very low settlement. I do have an... Read more »

Ronald Mahurin answered on Mar 25, 2019

No it is not common, it is illegal.

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.

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2 Answers | Asked in Workers' Compensation for California on

Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?

I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?

Ronald Mahurin answered on Mar 24, 2019

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... Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on

Q: When should you be offered regular part time?

At my job we don't have "seasonal" but "part time recurring" instead. These employees are not considered regular, how long are until they become regular? Some of these employees work more days than the regular employees as well. Additionally, some have been with the company for years and are... Read more »

Ronald Mahurin answered on Mar 18, 2019

Unfortunately, you have no remedy before the Workers Compensation Appeals Board.

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2 Answers | Asked in Workers' Compensation for California on

Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on

Me physically but also emotionally and mentally will workers comp pay for emotiona/mental problems that have occurred because of an injury ?

Ronald Mahurin answered on Mar 24, 2019

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... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

I parted ways with my department after almost 18 years and now work as a civilian. Recently saw my primary care for severe hand/arm pain/loss of feeling. He is familiar with what I used to do and I've not had to type at length for some time. New job is typing 95% of the time, so assuming this is... Read more »

Ronald Mahurin answered on Feb 26, 2019

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... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?

Ronald Mahurin answered on Feb 7, 2019

1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

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2 Answers | Asked in Workers' Compensation for California on

Q: what is the interest rate on retro TD and PD and does LC5814 apply

I am owed TD from 2004 to 2007 and from 2011 to 2014. and PD from 2014 to 2018

Ronald Mahurin answered on Jan 30, 2019

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%...
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1 Answer | Asked in Workers' Compensation for California on

Q: Should I subpoena the defense’s witness?

Is it better to subpoena the defense witnesses or have the defense call them to come testify?

I was terminated after I was injured on the job. I’m going to trial because the insurance carrier is disputing I was fired for caused. They have listed the two HR rep that terminated me after I... Read more »

Ronald Mahurin answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: What type of petition do you need to release funds in at workers comp MSA California? is there a title form number?

I've been deemed permanent and stationary and reached maximum medical improvement so why would I need future Medical? I don't want treatment I don't need treatment I would like to get the funds released somehow through petition or other legal means.

All advice welcomed. Thank you

Ronald Mahurin answered on Jan 28, 2019

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... Read more »

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