If he is still within 5 years from the date of injury, he can reopen his case and this may be to his advantage. However, if the carrier is conducting timely Utilization Review then your only option is to appeal to IMR. Unfortunately, that's the law now. The court no longer has jurisdiction to... View More

At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close... View More

Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult

Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific... View More

It all depends upon what the medical records say about permanent disability prior to April 2004. If there is a statement that you were going to have permanent disability prior to April 2004, then old schedule. If TTD notice sent prior to April 2004 then old schedule. If PQME provides permanent... View More

1) Your husband does not need to wait a year for the requested treatment if the Treating Physician submits a new Treatment Request (RFA) citing different reasons why the treatment is necessary or if circumstances have changed substantially.

2) As for the billing, your husband can always... View More

Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case,... View More

I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are... View More

Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... View More

If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.

There are several possibilities

1) defendants will seek to have the claim dismissed if there is no activity for 6 months

2) The case will linger and nothing will be done until the employee returns or case is dismissed

3) the employee can try to get treatment outside US,... View More

You have been misinformed. The applicant incurs no costs in a workers compensation case. Perhaps you are in the wrong form. You need only write a request for a copy and explain why it is needed. The court is obligated to provide you with a copy at no charge.

Malpractice is distinct from workers compensation. You must speak with a different type of attorney. I suggest you contact the local bar association. Medical malpractice is a very complex field and most likely, given the nature of your injury, you will have a difficult time finding an attorney... View More

The question cannot be answered because you don't provide enough information to ascertain which insurance company you are referring to. "They" is not informative.

If there was more than one insurance carrier during the last year of exposure, then your case will be... View More

No it is not common, it is illegal.

If you were released to modified work and the employ cannot provide modified work, then you are entitled to TTD. If the employer is refusing to pay because of your work injury, then file a 132a and seek wage loss and penalties for discrimination.

Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court... View More

Unfortunately, you have no remedy before the Workers Compensation Appeals Board.

Yes, the carrier will be required to pay for medical treatment for any psyche or stress related to your injury, but it will be intensely litigated and will not increase the overall permanent disability in your case if the date of injury is post 2013. Just have your treating physician make a... View More

I disagree with the other other attorney on a few issues. In other words, you are in a bad place. If you file a claim there is no chance that your current employer will not be a part of the litigation. Even if the new job is not the predominant cause of your injury, you will need to address... View More

1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.

A 10%... View More