Questions Answered by Ronald Mahurin

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...

Q: How does sdi lien effect ttd?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 19, 2018
Ronald Mahurin's answer
First, if there is retro TTD, it will be used to pay EED, so there will be a lien for payments beginning 3/1/17. In other words, there will be no additional money for you for 52 weeks. However, TTD is paid for 104 weeks, so after EDD is reimbursed, you should get TTD payments from the last payment of EED benefits to date based upon the PTP reports. Additionally, your SDI will be whole, so should the need arise, you can once again get EDD payments for one year when and if you qualify....

Q: Why did my judge changed after I picked up form to file a complaint?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 16, 2018
Ronald Mahurin's answer
If the judge approved the motion to dismiss, then you must file a Petition for Reconsideration within the statutory period or the ruling will be deemed permanent.

As for the new judge, it is common for the court to change judges, especially after a complaint.

Q: I got into car accident en route to a worker's compensation hearing. I'm having pain. Can I file a work injury claim?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 15, 2018
Ronald Mahurin's answer
No. This is not considered part of your WC case. Only travel to medical appointments is covered.

Q: Worked as a "per diem" physician at Kaiser. Injured in parking lot after shift. Worker's Comp vs peronal injury?

4 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Nov 14, 2018
Ronald Mahurin's answer
1) No, you are not required to provide notice prior to filing a claim for workers compensation benefits.

For your 2016 claim, which would probably fall under the going and coming rule, if your employer had notice of your injury by any means and did not give you a DWC-1, then the one year statute of limitations for filing a claim is tolled until the notice is provided. The law says you have one year from the date of injury, receipt of benefits, or last medical treatment to file an...

Q: Are there any exceptions to the rule for labor code 132a past the one year statue?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 14, 2018
Ronald Mahurin's answer
I do not know of any exceptions for the Statute of Limitations for a 132a claim. The statute simply says one year from the incident. So it is probably too late for a 132a.

However, if the dismissal was as egregious as you say, there may be other remedies, though I think it is also too late for an EEOC claim, and it is my understanding you need approval from the EEOC to proceed in civil court. At this point I suggest you speak with an employment attorney. Most county bar...

Q: My car was a hit and run in the parking lot, at my worker's comp hearing. Can I be reimbursed for the damage?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 14, 2018
Ronald Mahurin's answer
Not through workers compensation. Court Hearings are exempt. You cannot get reimbursements for attending a hearing. Your only option is to proceed in the civil courts if your car insurance company for some reason refuses to provide coverage.

Q: Is “date of last incident” the last day I worked or is it the last date of misconduct?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 14, 2018
Ronald Mahurin's answer
If you have a valid workers compensation claim, and you were on modified duty when you were terminated, AND the employer was unable to provide modified work that fit your limitations, then yes you have a 132a discrimination claim before the Workers Comp Appeals Board. Within the 132a you can argue the merits, or lack thereof, of the termination proceedings. The date of the incident is the date used for a 132a, and the statute of limitations for filing a claim is one year from the event.

Q: What is the strategy of the defense for scheduling an msc less than thirty days after qme appointment.

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 12, 2018
Ronald Mahurin's answer
It's impossible to know what defendants are thinking without more information. However, if your medical providers have found you MMI and the defendants have requested an MSC, my guess is the defendants want to close out the case before you can get additional discovery or amend your case.

Q: Can the insurance carrier deny your benefits for something that they’ve known for almost two years

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 12, 2018
Ronald Mahurin's answer
Yes, the insurance carrier can deny your case at any time. However, there may be consequences if the denial is improper. Technically, if your claim is not denied within 90 days of notice, then it is presumed to be a work injury by statute. This appears to be the case with you.

At this point, since you have been appealing your case for so long, it might be time to seek representation.

Q: Will I need an attorney if I don’t want to settle?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 10, 2018
Ronald Mahurin's answer
When you get to the MSC the WCJ will look over the medical file, then determine if the evidence is substantial. If the medical reports support your disability, the case is essentially done unless someone disagrees with the rating. Defendants will tell the court the basis of their close out offer and the WCJ will decide if it is adequate. Case finished - if you agree with the judge. If you disagree and the defendants have no issues, the WCJ will strongly suggest that you settle with open...

Q: Why would the Insurance carrrier change attorneys?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 9, 2018
Ronald Mahurin's answer
It is very common for new attorneys to take over cases. If the same defense law firm is handling your case, not much should change because you will still have the same insurance adjuster on your case. I have cases where I am on my fifth or sixth defense attorney. Turnover is a challenge to most WC defense firms. As soon as a new attorney gets trained, they change firms for more money, or a better job about a year later. Some defense WC firms are horrible places to work, but new attorneys...

Q: Can I sue over wrongful termination

3 Answers | Asked in Workers' Compensation for California on
Answered on Nov 9, 2018
Ronald Mahurin's answer
You can always sue, but that does not mean you will win. In California you cannot bring a wrongful termination suit before the workers compensation appeals board WCAB, so you want to find a civil attorney practicing employment law, not a workers compensation attorney.

Q: In a CA workers comp case can the Ins Co deduct child support from award that I already paid from my TD checks?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 7, 2018
Ronald Mahurin's answer
The insurance company will get credit for any payments made for child support. However, since the payments were made from your temporary disability, as you say a percentage was paid, there should be no further deductions from your award. The insurance carrier is only responsible for paying 104 weeks of temporary disability absent extraordinary circumstances. Their credit will be asserted in the Temporary disability portion of your settlement, which you have already received, so it should not...

Q: Does "sick pay" medical benefit payments qualify as a salary continuation plan as justification to avoid a WC penalty ?

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Nov 1, 2018
Ronald Mahurin's answer
I do not know that you can get a penalty without an award in place, but LC 5814 does provide for an increase in benefits for late payment. In a February 2018 decision (W.C.A.B. No. ADJ10459624 Yelena Zakaryan, Applicant v. Glendale Community College,) the Appeals board found that applicant who suffered industrial injury to her lungs, respiratory system and pulmonary system while working as lab technician on 2/29/2016 was entitled to receive temporary disability indemnity benefits pursuant to...

Q: I am on wc through my job still working was just told company wide my job is being eliminated I am on lite duty

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 1, 2018
Ronald Mahurin's answer
The GM is correct, you cannot return to work without a physician's release, or a report giving you permanent restrictions which the employer can meet. The answer to your question is that you should be receiving workers compensation benefits because you have not been released by your doctor. You may still qualify for unemployment so check with EDD to "reserve" those benefits while you are receiving workers compensation benefits. In an abundance of caution you should check to make certain that...

Q: what steps do I need to take to have insurance carrier to pay benefits if my claim is now accepted.

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 1, 2018
Ronald Mahurin's answer
The only recourse is to go to court and have the WCJ order them to pay. No matter what the status of the acceptance/denial, if the insurance company is not paying benefits and the medical records supports those benefits, you must seek court help. If you believe the lack of payment is in bad faith, then you can seek a penalty of up to 25% of the benefits denied up to $10,000.

Q: Are independent contractor home care workers covered under Workmans comp in California?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 31, 2018
Ronald Mahurin's answer
It is a difficult question because there are very specific requirements for someone to be considered an "Independent" contractor. You must be very cautious because the workers compensation laws favor injured workers and if the "Independent" contractor is found to be an employee, you will be facing litigation before the WCAB with the uninsured employer's fund, which will then provide benefits and seek reimbursement in the civil courts. I strongly suggest that you speak with the "Independent"...

Q: in California workers comp system can you get cost of living increase?

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 3, 2018
Ronald Mahurin's answer
Only certain types of benefits can be adjuster for inflation, the most common one is permanent disability. If you have a 100% permanent disability then your benefits are adjusted for inflation by statute. As for Temporary Disability, it is revised annually to reflect increases in the cost of living.

Q: I need anattorney that knows tribal law. I broke my foot at work. Workman comp denied my case. Morongo had me go out.

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Nov 8, 2018
Ronald Mahurin's answer
Recently the WCAB in Santa Rosa opined that it had no jurisdiction over a Pomo reservation WC claim, so I filed in the Ninth Circuit Federal District Court after the Tribal Court (Amerind Tribal Workers Compensation Program) Examiner upheld Berkley Risk Administrator's denial of my client's claim. The Federal Court basically said it had no jurisdiction to review a finding in the Tribal Court. In sum, at present there appears to be no remedy to address inequities in the Tribal Court system,...

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