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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... View More

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... View More
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.

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 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... View More

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.
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... View More

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... View More
My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this

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.
May I continue to provide teletherapy treatment ( no more than 12 sessions per year)?
Seth Hirsch,PhD ( hirschphd@aol.com). Thank you.

answered on Jun 12, 2022
Yes, but the real question is whether or not you get paid by the WC carrier.
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... View More

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... View More
Please help me understand in simple terms? What money is she getting at the end

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.
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.

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... View More
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... View More

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... View More
F

answered on Nov 30, 2020
I cannot do anything without their names
Ron Mahurin
Northerworkerscomp.com
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 .

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... View More
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... View More

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.... View More
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... View More

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

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.... View More
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... View 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... View 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... View 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.... View More
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