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.
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 »
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?
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 »
Upcoming Workman's Comp trial. I am the Witness and am preparing a Affidavit that will be notarized.
I did not see the object fall on this person, but I was called by cell from the injured person. I went and
found this person under a large dry erase board on top of her. I... Read more »
answered on May 12, 2020
You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating
I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true.... Read more »
If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?
I would rather... Read more »
answered on May 4, 2020
The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I... Read more »
I have psychological reasons: ptsd, anxiety & physical: back & knee that make travel difficult
answered on May 4, 2020
All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.
I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... Read more »
answered on Apr 8, 2020
This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.
I had a car accident no injuries or lost of work
answered on Apr 1, 2020
I am a little confused. I am guessing that you have an open medical award or an open workers compensation case and the carrier is looking to see if there is treatment overlap, for example if you hurt your neck in the car accident and had an award for neck treatment or have claimed a work neck... Read more »
Is there an attorney who can help me file the proper paperwork if you can help me please let me know
answered on Feb 25, 2020
generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »
I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled
answered on Feb 6, 2020
If you are dismissing your attorney, why would the attorney attend?
Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to... Read more »
answered on Jan 19, 2020
I disagree with the other attorney in that adjusters can do what they want, subject to penalties for failure to perform their duties. The question cannot be answered without knowing the relationship between the PTP and the secondary PTP, or how you got to a secondary PTP. If secondary PTP sends... Read more »
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... Read more »
Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.
answered on Jan 15, 2020
1) who told you there was nothing significant?
If you settled by Compromise & Release, then you are out of luck. Most likely any new proceedings will apportion your problems to the old injury. If you settled by Stipulations with an open medical award, you can reopen the case within... Read more »
answered on Jan 13, 2020
If there is no attorney, yes, but you may have ask the defense attorney for a copy. If there is an attorney, then no. You should ask your attorney for a copy. However, in some instances the doctor will specify that the applicant not be given a copy. This happens in psyche cases wherein the doctor... Read more »
If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?
answered on Jan 6, 2020
The credit applies for any costs or benefits the carrier is required to pay in the WC case. Yes, you can dispute the credit.
If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company... Read more »
answered on Jan 6, 2020
You can change treating physicians without cause at any time by requesting a transfer within the MPN.
I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve... Read more »
answered on Jan 6, 2020
For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.
Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.
I am making no progress, in tremendous pain do to... Read more »
answered on Jan 4, 2020
Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... Read more »
We JUST sent their atty our denial through our workmans comp atty, and our atty just told us she’s sending it to the DA? I’m confused. Doesn’t it stay within our atty’s hands unless we can not agree then it goes to the court? We do believe it’s a Fraudulent case so could our atty be... Read more »
answered on Dec 19, 2019
This makes no sense because there are too many attorney. Your attorney should be the defense attorney. You need to rephrase the question or I doubt anyone can answer it.
I assume they want to see if I am making more money now than before my injury. The injury was in California in 01/2005.
answered on Nov 19, 2019
The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.
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