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Is it better to subpoena the defense witnesses or have the defense call them to come testify?
I was terminated after I was injured on the job. I’m going to trial because the insurance carrier is disputing I was fired for caused. They have listed the two HR rep that terminated me after I... View More 
answered on Jan 29, 2019
Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not... View More
I've been deemed permanent and stationary and reached maximum medical improvement so why would I need future Medical? I don't want treatment I don't need treatment I would like to get the funds released somehow through petition or other legal means.
All advice welcomed. Thank you
answered on Jan 28, 2019
You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical... View More
I've heard recently that if you never seek treatment for your work-related injury to Medicare you'd be okay in spending the money to live on. Any and all advice welcome.
Thank you
answered on Jan 27, 2019
No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.
Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... View More
answered on Jan 26, 2019
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to... View More
I have a trial set on the matter of ttd. The carrier is disputing that I was terminated for cause. If they were firm on their stance and feel they do not owe a dime, why did they list the attorney lien? There was sdi lien and medical lien but the defense attorney did not list them in their forms.... View More
answered on Jan 24, 2019
It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other... View More
This judge has deliberately sabotage my hearings and left notes to trial judge to limit the questions i can bring up during trial.
This judge has lied and helped the defense to force me to settle. He sided with the defense at the expedited hearing and said I’m not receiving ttd benefits... View More
answered on Jan 23, 2019
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably... View More
answered on Jan 22, 2019
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
My paychecks are short , missing or different pay rate. Also i was promise a bouns ... i now have no work beside i believe i asked about my bouns. Hr and their scheduling are no help, they just sent me in circles.
answered on Jan 21, 2019
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
How can I remove the judge? He is bias and has purposely rule opposite of what I asked. In the expedited hearing, he refused to look at my dr report and he wanted to see exact wordings with start dates and end dates before he can award ttd. He completely ignored ttd at the msc and set my case for... View More
My workers comp claim was denied entirely a few weeks after my injury. I’ve seen 2 ptp and 2 qme, all of them has said industrial related and the most recent one says arose during the course of employment.
My claims has been accepted for medical and all doctors reports with ttd dates. The... View More
answered on Jan 19, 2019
this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.
wages of $320 a wk 1999 injury how do you figure in COLA does it base it on AWW my AWW is based on a salary of 20 years ago and would have gotten raises during those years how does COLA apply to my figures?
my TTD checks I owed child support in arrears and a % was taken from my checks and sent to child support and was paid off in 2017 now that I am closing my case the ins co wants to deduct child support from my award I don't owe any more and the payments were deducted from my checks so how can... View More
answered on Jan 10, 2019
The people who file child support liens almost never file the corresponding paperwork to withdraw their liens, so the WCAB will need documentation from you to assure the court that the lien is paid. Its just another hassle in the WCAB scheme of things.
I’ve been to two hearings for ttd and the judge had ignored all of the ptp reports and qme reports that say I am ttd.
My claim is accepted now and it’s been two years. My ptp is in the mpn and the carrier had known that my claim was compensable a year ago. They also known I was... View More
answered on Jan 8, 2019
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... View More
I’m trying to figure out if it’s worth filing a claim. In 2017 because of changes at work I was under a ton of new stress. I had to start taking kolonopin, sleep meds and couldn’t sleep and had panic attacks weekly. I left that job last month but even my dr thought I should file a claim. But... View More
answered on Jan 8, 2019
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... View More
Complete medical buyout and he wants money for it so he stopped the insurance company from talking to me but he won't talk to me and sends emogyi's instead laughing I sent him a letter if dismissal but he won't stop and the defense don't want sanctions so they keep stating attorney on record
answered on Jan 2, 2019
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.
I was injured on the job 22 months ago and was fired while I was still on medical leave. I was able to get my personnel file and peice together some evidence that shows the employer wrongfully terminated me.
It’s been more than a year so I can file labor code 132a. My claim has been... View More
answered on Jan 2, 2019
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... View More
Having comp w/injury. Does 2nd job bring any conflict to initial settlement
answered on Dec 26, 2018
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... View More
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... View More
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,... View More
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