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Questions Answered by Ronald Mahurin

2 Answers | Asked in Workers' Compensation for California on

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

It has been two years since my injury. I’ve had two doctors in the mpn saying 100% industrial related. There’s also two pqme that says 100% work related.

My injury is a single accident. It was denied immediately without any investigation. I had an expedited hearing for ttd but the judge... Read more »

Ronald Mahurin answered on Dec 21, 2018

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 »

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2 Answers | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Dec 21, 2018

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 »

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

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

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 »

Ronald Mahurin answered on Dec 18, 2018

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.

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1 Answer | Asked in Workers' Compensation for California on

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

I had an expedited hearing for ttd but the judge didn’t bother to look at my reports. He rescheduled to an MSC because I had a qme evaluation the following week.

I have the qme report that says ttd should the employer not provide modified work. I also have the ptp’s PR-2 report that... Read more »

Ronald Mahurin answered on Dec 17, 2018

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 »

1 Answer | Asked in Contracts, Employment Law and Workers' Compensation for California on

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?

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 »

Ronald Mahurin answered on Dec 13, 2018

Sorry, this is not a workers comp question. You are in the wrong forum.

2 Answers | Asked in Workers' Compensation for California on

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

Ronald Mahurin answered on Dec 11, 2018

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 »

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2 Answers | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Dec 3, 2018

"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 »

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2 Answers | Asked in Workers' Compensation for California on

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

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.

Ronald Mahurin answered on Nov 28, 2018

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 »

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2 Answers | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Nov 27, 2018

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 »

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1 Answer | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Nov 26, 2018

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...
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2 Answers | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Nov 26, 2018

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 »

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2 Answers | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Nov 23, 2018

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 »

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1 Answer | Asked in Divorce and Workers' Compensation for California on

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

Ronald Mahurin answered on Nov 23, 2018

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

2 Answers | Asked in Workers' Compensation for California on

Q: How are supplemental job displacement benefits awarded?

I was terminated so my employer never offered any modified work. It’s been more than a year since the date of my injury. How can I qualify for this benefit?

Ronald Mahurin answered on Nov 21, 2018

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 »

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1 Answer | Asked in Workers' Compensation for California on

Q: How does sdi lien effect ttd?

My claim was denied and filed for sdi. My sdi lien is effective as 3-1-17.

I saw qme in September of 2017 and wanted mri done and will send his supplemental report. He did his report in June of 2018 and list mmi date back to the day of evaluation.

My ptp has ttd from April 2017... Read more »

Ronald Mahurin answered on Nov 19, 2018

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 »

1 Answer | Asked in Workers' Compensation for California on

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

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 »

Ronald Mahurin answered on Nov 16, 2018

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.

1 Answer | Asked in Workers' Compensation for California on

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?

Ronald Mahurin answered on Nov 15, 2018

No. This is not considered part of your WC case. Only travel to medical appointments is covered.

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

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

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 »

Ronald Mahurin answered on Nov 14, 2018

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...
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1 Answer | Asked in Workers' Compensation for California on

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

I was injured on the job and the doctor reported it as compensable and modified my job duties. I was terminated on the day that the doctor release me to work if there was modify work.

The employer told me I was terminated for not following procedure for an incident that happened a month... Read more »

Ronald Mahurin answered on Nov 14, 2018

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...
Read more »

1 Answer | Asked in Workers' Compensation for California on

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?

Ronald Mahurin answered on Nov 14, 2018

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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