Questions Answered by Ronald Mahurin

Q: I returned to work and my injury was recurfour days later. If I leave this employer will I lose my workers comp benefits

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 8, 2019
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.

Q: I have suffered a psychiatric stress injury in California and I’m not sure if it’s worth filing a claim.What is it worth

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 8, 2019
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.

Q: How can I formally dismiss my attorney that claim was awarded in wcab? He is causing me so much trouble because I want a

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 2, 2019
Ronald Mahurin's answer
Go to the DIR/WCAB website and click the forms tab. There should be a form for dismissing your attorney. Fill it out, send a copy to him and the original to the court.

Q: Is there any legal recourse if I’ve recently have new evidence that the employer terminated me wrongfully?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 2, 2019
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...

Q: Carpol tunnel surgery thru WC from corp. No cash settle, insured as long still with corp. LIFE CAUSED TO GET A 2ND JOB.

1 Answer | Asked in Workers' Compensation for California on
Answered on Dec 26, 2018
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.

Q: Can the employer investigate aoe/coe after the claim is accepted?

2 Answers | Asked in Workers' Compensation for California on
Answered on Dec 21, 2018
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...

Q: What is an AOE/COE and what do I need to bring to the hearing?

2 Answers | Asked in Workers' Compensation for California on
Answered on Dec 21, 2018
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...

Q: It’s been 6yrs.2mon. Fighting with workers comp. 2nd lawyer. Can I file a suite ageist workmen’s comp for mental stres

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Dec 18, 2018
Ronald Mahurin's answer
No, the case law is clear you cannot file a claim for stress related to litigating a workers compensation case.

There may be a remedy however if your employer is discriminating against you in any way for filing a WC case.

Q: The I&A officer said that I cannot put my evidence into exhibit during an MSC hearing. How can I get the judge to revie

1 Answer | Asked in Workers' Compensation for California on
Answered on Dec 17, 2018
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...

Q: I need to know what the law is on hourly vs commission. Do you by law got both, on or the other? Or is it up to them?

1 Answer | Asked in Contracts, Employment Law and Workers' Compensation for California on
Answered on Dec 13, 2018
Ronald Mahurin's answer
Sorry, this is not a workers comp question. You are in the wrong forum.

Q: What does it mean that workers' comp is a "no fault" system?

2 Answers | Asked in Workers' Compensation for California on
Answered on Dec 11, 2018
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...

Q: How do I confirm what was sent to the qualified medical evaluator?

2 Answers | Asked in Workers' Compensation for California on
Answered on Dec 3, 2018
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.

Q: Do I see the qme for treatments now that he’s done the evaluation?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 28, 2018
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...

Q: how accurate is qme report if he modified work duty and request for mri but did not give rating?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 27, 2018
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.

Q: Who can I report employer fraud to avoid liability for an injured worker?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 26, 2018
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.

Q: Why did the judge refuse to look at my evidence?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 26, 2018
Ronald Mahurin's answer
Welcome to California workers compensation. This is why you should have an attorney. At this point you must file a petition for removal. Without knowing exactly what the PTP reports say, it is not possible to make an informed decision regarding why the WCJ did not award TTD, but consider that the PTP reports must meet certain standards to comply with statue and act as evidence. If the PTP simply says TTD, or "remain off work" it does not explain why TTD is due and therefore the WCJ can, and...

Q: How do I get the insurance carrier to pay ttd benefits?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 23, 2018
Ronald Mahurin's answer
Yhe only eay to insure the payments are made is to return to court. If the medical reports are favorable and support TTD i suggest you file a penalty petition for unreasonable delay and ask for a 25% increase in TTD for the late payment. As for 14 days, when the claim was accepted the benefits were due, but the penalty should go back to the first day you missed work.

Q: Is my ex entitled for me to pay his work comp back sense he used it to pay off our motgage?

1 Answer | Asked in Divorce and Workers' Compensation for California on
Answered on Nov 23, 2018
Ronald Mahurin's answer
Workers comp benefits are not considered community property if the applicant is separated when they are received. Because we do not know the status of the applicant when the mortgage was paid off, the question cannot be answered. You should ask a divorce lawyer

Q: How are supplemental job displacement benefits awarded?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 21, 2018
Ronald Mahurin's answer
From the information you provided the question cannot be answered. However, generally the employer is required to provide the voucher within 25 calendar days from the issuance of the permanent partial disability award by the workers' compensation administrative law judge or the appeals board. Which means you need to have settled your case and have an order approving, or you did not return to work for the employer within 60 days of the termination of temporary disability benefits. You...

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