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Questions Answered by Ronald Mahurin

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 »

2 Answers | Asked in Workers' Compensation for California on

Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

I've heard recently that if you never seek treatment for your work-related injury to Medicare you'd be okay in spending the money to live on. Any and all advice welcome.

Thank you

Ronald Mahurin answered on Jan 27, 2019

No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.

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

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... Read more »

Ronald Mahurin answered on Jan 26, 2019

clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: Is it common for Defense attorney to list an attorney lien in pre-trial statement?

I have a trial set on the matter of ttd. The carrier is disputing that I was terminated for cause. If they were firm on their stance and feel they do not owe a dime, why did they list the attorney lien? There was sdi lien and medical lien but the defense attorney did not list them in their forms.... Read more »

Ronald Mahurin answered on Jan 24, 2019

It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other... Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: Where can I find records of a judge’s decisions and when he has worked with previously?

This judge has deliberately sabotage my hearings and left notes to trial judge to limit the questions i can bring up during trial.

This judge has lied and helped the defense to force me to settle. He sided with the defense at the expedited hearing and said I’m not receiving ttd benefits... Read more »

Ronald Mahurin answered on Jan 23, 2019

You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably... Read more »

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

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

Ronald Mahurin answered on Jan 22, 2019

It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

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Q: Im having issuese with pay and placement with the security company called securitas in los angeles

My paychecks are short , missing or different pay rate. Also i was promise a bouns ... i now have no work beside i believe i asked about my bouns. Hr and their scheduling are no help, they just sent me in circles.

Ronald Mahurin answered on Jan 21, 2019

Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

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1 Answer | Asked in Workers' Compensation for California on

Q: What is the judge’s duties during expedited hearings and msc?

How can I remove the judge? He is bias and has purposely rule opposite of what I asked. In the expedited hearing, he refused to look at my dr report and he wanted to see exact wordings with start dates and end dates before he can award ttd. He completely ignored ttd at the msc and set my case for... Read more »

Ronald Mahurin answered on Jan 21, 2019

File for a removal, if you meet the criteria.

1 Answer | Asked in Workers' Compensation for California on

Q: Can an accepted workers comp claim get denied after the qme reports says my injury arose from the course of employment?

My workers comp claim was denied entirely a few weeks after my injury. I’ve seen 2 ptp and 2 qme, all of them has said industrial related and the most recent one says arose during the course of employment.

My claims has been accepted for medical and all doctors reports with ttd dates. The... Read more »

Ronald Mahurin answered on Jan 19, 2019

this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.

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

Q: how does COLA apply to life pension at 75% disability rating ?

wages of $320 a wk 1999 injury how do you figure in COLA does it base it on AWW my AWW is based on a salary of 20 years ago and would have gotten raises during those years how does COLA apply to my figures?

Ronald Mahurin answered on Jan 17, 2019

See previous answer

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2 Answers | Asked in Workers' Compensation for California on

Q: I want to know if the insurance co in a ca workers comp case can deduct from award child support that I had paid from

my TTD checks I owed child support in arrears and a % was taken from my checks and sent to child support and was paid off in 2017 now that I am closing my case the ins co wants to deduct child support from my award I don't owe any more and the payments were deducted from my checks so how can they... Read more »

Ronald Mahurin answered on Jan 10, 2019

The people who file child support liens almost never file the corresponding paperwork to withdraw their liens, so the WCAB will need documentation from you to assure the court that the lien is paid. Its just another hassle in the WCAB scheme of things.

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1 Answer | Asked in Workers' Compensation for California on

Q: Can I ask the judge to award a percentage ttd if I hire an attorney to take my case?

I’ve been to two hearings for ttd and the judge had ignored all of the ptp reports and qme reports that say I am ttd.

My claim is accepted now and it’s been two years. My ptp is in the mpn and the carrier had known that my claim was compensable a year ago. They also known I was... Read more »

Ronald Mahurin answered on Jan 9, 2019

Yes

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