Ronald Mahurin's answer 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.
Ronald Mahurin's answer 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.
Ronald Mahurin's answer Not if you file a claim for benefits before you leave. If you file after you leave, there will be additional problems relating to the fact that you are no longer with the employer.
File a DWC-1 form. Have the employer sign it and give you a copy. Then your workers compensation benefits will be protected.
Ronald Mahurin's answer Unfortunately it is too late for you to file a claim. Under Labor Code Section 5412 you have only one year from the date you knew or should have known your injury was the result of work. Any claim relating to events in 2017 are barred by the Statute of Limitations absent some type of Reynolds argument. So to answer your question, the psyche claim is probably worth very little, nominal value, which is $2,000 -$3,500.
Ronald Mahurin's answer There is no tolling of the 132a statute of limitations. You have one year from the event to file a claim. However, I believe the SOL for a civil claim is 2 years, so you can still file a civil suit if your case meets the standard for a civil claim. Expect that the employer will raise the exclusive remedy doctrine, which means a work injury can only be litigated before the WCAB. Wrongful termination is very had to prove and if you were an at will employee, you are going to have a hard time...
Ronald Mahurin's answer This question cannot be answered with the information provided. Generally, no, a second job should not have any influence on your WC case unless the employer is seeking apportionment to secondary employment, If I were a defense attorney, I would try to get contribution from the second employer for a CT claim. Further, WC awards are lifetime, not for the time of employment only. I suggest you speak with the Information & Assistance office to make sure you have the facts right.
Ronald Mahurin's answer It seems like I have seen this question before. The only way the termination would come into play is if you filed your workers comp claim after you were terminated. Then the issue becomes did the employer have notice of the injury before you were terminated. If so, your claim is okay. If not, then other issues arise, for example your credibility. The nature of the injury, etc. The QME reports might be irrelevant in a post termination filing because they may be based upon an incorrect...
Ronald Mahurin's answer No, because if the claim is accepted there is no reason to have a hearing on AOE/COE. (Arising of employment, Caused by employment). This type of hearing is used for cases that a denied as not being industrial. You need to review your QME report very carefully and see if there is a statement on causation. If the QME says your injury is industrial, then file a penalty petition and request a 25% increase in payments for late TTD. Again, if the claim is accepted, the carrier should have already...
Ronald Mahurin's answer 1) No one can predict what a carrier will do. While you should have already started receiving TTD benefits based upon your question, the penalties for late payment are almost never enforced. The courts don't care as long as defendants can put forth some explanation for the delay, for example "the adjuster was sick,... further discovery is needed, ..." or something similar.
2)It is common for a WCJ to reschedule pending further discovery. At the next hearing the WCJ will ask about the...
Ronald Mahurin's answer It means that even if the employee makes a big mistake and gets hurt, a claim can still be filed. In a fault system, if the employee contributed or made a mistake and caused the injury, the employee could not file a claim, or would have the claim reduced by the percentage of negligence attributed to the employee. While the employer is also shielded in the no fault system, a claimant can still file a Serious & Wilful claim if the employer's conduct was so outrageous as to be wanton or...
Ronald Mahurin's answer "Basically the same" is too vague for comment. Either the materials you objected to were removed, or they were not. At this point your options are keeping the QME appointment, or writing the adjuster a letter saying you will not attend the QME until such time as your objections have been addressed. Given that the materials were already sent, it may be too late and a new panel list may be needed. Lastly, you should write your own cover letter to the QME outlining your concerns and issues.
Ronald Mahurin's answer Neither. Changing doctors will not reset the number of PT visits you are allowed (24) by statute. Generally Utilization Review will only reduce the number of PT visits not cut them off because PT helps in your recovery. In other words, it is foolish for the adjuster to cut off PT. The proper procedure is for you to get a prescription for PT from your treating physician. The PQME does not take over treatment except in very rare circumstances. In fact, there is usually a disclaimer in the...
Ronald Mahurin's answer First it would be pure guess work for someone to comment on the adequacy of a medical report without reading it, so I cannot address the issues of MMI or TTD. If the PQME is retired you can ask for a replacement panel by downloading the form from the DIR workers compensation website/forms. That is your best option if you are dissatisfied with the medical reporting. And I suggest that you seek representation.
Ronald Mahurin's answer No. The insurance carrier will not pay any benefits because your claim was denied. Being terminated has nothing to do with your workers' compensation case except in rare circumstances. You can proceed with your WC case and you will probably need representation.
Yes, you need to contact an employment attorney and you should probably file a complaint with the EEOC, which must be done before you can sue your former employer.
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