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,...Read more »
I have been to two hearings for ttd and the judge is now scheduling a third hearing. During the last hearing, the defense attorney already disputed that termination of cause is the reason why I’m not entitled to ttd. I explained to the judge that I never returned to work after my injury and the... Read more »
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...Read more »
My second lawyer has had to fix what the first lawyer screwed up. But I’m not getting no medical treatment for my right shoulder or left hand. Medical treatment is in settlements. They do nothing but deny my claim . Ointments , message and specialists for my left hand. In November 2017 they... Read more »
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...Read more »
I work for a firm that sells directv out of costco and I only get like 12 hours a week if that. I get payed hourly... unless I make more then 3 installs in one week then I get 160 per install. If i make 4 or more installs in 1 week I get 190 per install. Is this legal? I thought the law was... Read more »
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...Read more »
The adjuster sent me a package and gave me ten days to dispute any non-medical record. I had disputed to some of the non-medical record. I received another package a few days later that is basically the same except it had a five page cover letter giving their opinion. How can I confirm that the... Read more »
"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....Read more »
I recently went to see the qme and he says that he wants to try physical therapy to see if it will help with my injury. The adjuster told me that I can only see my ptp for 24 months and it’s pretty close to it. Do I need a new ptp or do I just go see the qme for treatments.
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...Read more »
The first qme says injury is industrial related and modified my work duty. He requested for mri because he did not have ptp reports or x-rays from 2 other doctors. I’m not sure how he reported no impairment with out all the medical reports. One of my restrictions was no lifting of more than 10... Read more »
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...Read more »
I was injured at work and my claim was denied. On the day I was terminated, the employer offered to pay two days but I was too shocked to ask them why. I didn’t work that day and I was there to see why HR didn’t return my calls. I went to give my dr note to my boss. The insurance carrier... Read more »
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.
I was advise by I&A that I can bring my medical evidence to the expedited hearing and he will decide if I am entitled to ttd. I brought the ptp’s pr-2 report showing ttd but the carriers attorney told the judge it wasn’t the ptp who did the evaluation. The judge took their words for it and... Read more »
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...Read more »
My workers comp claim was denied but after seeing two qme’s, the insurance carrier has accepted all medical and all doctors reports with dates of ttd period. They just won’t pay ttd benefits. I’ve alread had an expedited hearing for ttd and they judge didn’t want to make a ruling because... Read more »
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...Read more »
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
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....Read more »
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...Read more »
I went to my hearing and the judge rule opposite of what I was requested. He didn’t look at my evidence and he agreed with the defense without any evidence to support their claim. I went to I&A to file complaint and possibly a motion to dismiss. They are now telling me that I will be getting a... Read more »
As a per diem at Kaiser, we are not regular employees. We are paid with w-2, and covered under worker's comp ( med tx and biweekly payments), but not afforded other regular benefits including modified duty (policy for employees is 90 days at close to, or normal pay), and job security. After 10... Read more »
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.
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