Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Steven James Foster
4 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: how do i look up worker comp law cases?
Steven James Foster
Steven James Foster
answered on May 18, 2023

Your question is vague. If you are trying to find information about your case or other cases you can look it up here: https://eams.dwc.ca.gov/WebEnhancement/

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low

My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this

Steven James Foster
Steven James Foster
answered on Jun 13, 2022

Yes, you can litigate the earnings issue before the Workers' Compensation Appeals Board.

Usually the insurance company will take your earning for the last 12 months and divide by 52 weeks to come up with your average. This method does not give your true "earnings capacity"...
View More

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: Hello, Is there a deadline for submitting mileage paperwork for California Workers Comp case?
Steven James Foster
Steven James Foster
answered on Dec 10, 2020

There is no deadline as long as your case is open. Also, it is easier to get reimbursed for mileage the closer it is submitted to the actual appointment.

View More Answers

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can you sue your employer in addition to workers comp due to gross negligence?

?

Steven James Foster
Steven James Foster
answered on Jan 31, 2020

If you are injured at work, you are subject to the Exclusive Remedy Rule — a component of workers compensation statutes that bars employees injured on the job from making a tort liability claim against their employers. The benefits provided under workers compensation are the sole remedy available... View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: what does this mean ? I just received the approved c&r . At the bottom it has this verbiage

Notwithstanding any language to contry in the Compromise and Release and any addenda , this order does not foreclose the applicant’s right to SJDB for injuries occurring on or after 1/1/2013

Steven James Foster
Steven James Foster
answered on Nov 7, 2019

It means the Compromise and Release did not settle any right you may have to a Supplemental Job Displacement Benefit.

https://www.dir.ca.gov/dwc/SJDB.html

1 Answer | Asked in Workers' Compensation for California on
Q: Does workers comp insurance need to pay TD benefits if they terminate the employee while they are on modified duty?

I have an accepted workers comp claim in California. I've been on modified duty since the injury last October. I was fired in December. I've been looking for work in the same industry but I am being told I don't qualify for the jobs because I'm on modified duty. I've been... View More

Steven James Foster
Steven James Foster
answered on Oct 11, 2019

There are two types of temporary disability 1)TTD - Total Temporary Disability and 2) TPD Temporary Partial Disability. If you were working modified duty you are likely TPD which means you get temporary disability unless the employer can accommodate your restrictions. If you were fired for cause... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I had a mri last September. When the results came back, my wc doctor was on a month vacation, so I had to wait for his

return. He read the MRI results and then submitted it to the WC Insurance company to respond, if it was accepted or rejected. I got NO reply/response from the insurance company for SIX more months. It was declined for surgery. It stated on the report that they (insurance co) did NOT receive it... View More

Steven James Foster
Steven James Foster
answered on Aug 24, 2019

Five (5) business days. Something else is going on. If you can prove the insurance company received the request from your doctor and did not respond within. Five business days you should be able to get the surgery authorization.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

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

Steven James Foster
Steven James Foster
answered on Jan 28, 2019

You may use the MSA account to pay for the following costs when they are directly related to the MSA account:

• Cost of copying documents

• Mailing fees/postage

• Any banking fees related to the account

• Income tax on interest income from the account...
View More

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: how does COLA apply to life pension at 75% disability rating ?

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?

Steven James Foster
Steven James Foster
answered on Jan 16, 2019

Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: in California workers comp system can you get cost of living increase?

I have been in the workers comp system for 18 years and my pay is 2/3 of my weekly rate based on my earnings of 18 years ago shouldn't I receive cost of living increase ?

Steven James Foster
Steven James Foster
answered on Oct 29, 2018

The Cost of Living Adjustments (COLA) apply to work injuries occurring on or after January 1, 2003.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Can you negotiate for a higher settlement amount?
Steven James Foster
Steven James Foster
answered on Oct 3, 2018

Yes, all workers' compensation settlements are subject to negotiation.

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I think my work aggravated a previous non-work injury - can I still make a claim?
Steven James Foster
Steven James Foster
answered on Aug 23, 2018

Yes, if your work activities aggravated, exacerbated, or accelerated your previous non-work condition. The insurance company will likely deny the claim until a doctor finds your condition was made worse by your work activities.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I lost my balance and fell down at work. Can I still claim workers' compensation for my sprained ankle?

I didn't trip over anything. I just stumbled and stepped awkwardly.

Steven James Foster
Steven James Foster
answered on Jun 6, 2018

Yes, workers' compensation is a no fault system. If you are injured at work while working, you can claim your injury and seek medical care for the injury.

1 Answer | Asked in Workers' Compensation for California on
Q: Why would a workers comp carrier ask you to waive the requirements of Labor Code section 5313?
Steven James Foster
Steven James Foster
answered on May 7, 2018

Labor Code section 5313 provides "The appeals board or the workers compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties.... View More

2 Answers | Asked in Workers' Compensation for California on
Q: What does the serving of work or school training vouchers and my workers comp Is still not settled.

Is the insurance company trying to get me just to accept the vouchers and not proceed to trail

Steven James Foster
Steven James Foster
answered on Apr 30, 2018

No, you can still provide to trial. If you have some level of permanent disability and your employer is not able or willing to provide modified work, the insurance company is required to send the Supplemental Job Displacement Voucher. The Voucher does not effect any of your other workers'... View More

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I am rated at 32% by DEU, final doctor report states I will need a back fusion surgery. I elected a CNR, $38,000?

I have C spine and L spine injuries. I am rated at 32% by DEU and final doctor report states I will need back surgery (fusion in C spine). I elected CNR as I hate the workers comp system. The City of Carlsbad has offered $38,000. This dollar amount seems extremely low and I doubt it would cover... View More

Steven James Foster
Steven James Foster
answered on Apr 20, 2018

Yes, you should seek the help of an attorney.

The dollar figure for your permanent disability rating comes from a chart. The permanent disability value is based on a number of factors including the year of injury. for example, a 32% permanent disability for an injury between 2005 to 2012...
View More

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Why is Workers Comp denying me back surgery?

I need to have Anterior Lumbar Interbody Fusion. Workers Comp denied it based on me not having a psychological evaluation clearing me for surgery. Every time we submit a request to see the psychologist they deny it stating they accept no responsibility for psychological injury. It seems to me they... View More

Steven James Foster
Steven James Foster
answered on Apr 18, 2018

First, I would suggest you get an attorney to assist you with your case.

The denial of the psychological evaluation appears to be based on their denial of psyche injury as part of your claim. The surgery was denied based upon Utilization Review (UR). Is sounds like they did not UR the...
View More

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I was only with the company 4 months when I got hurt, how do they compute my workers comp disability payment ?

Can they compute from the beginning of the year to when I got injured? Or from my start date?

Steven James Foster
Steven James Foster
answered on Apr 11, 2018

I assume you were working for a different employer prior to the the employer in which you sustained the injury. If that is the case, your earnings from the prior employer and current employer can be used to calculate your benefits. Labor Code section 4453(c)(4) provides " the average weekly... View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I'm in ca. I feel at work and have tbi my cases has settled but they payed me two checks one was medicare msa can they

Do that no one will help me understand

Steven James Foster
Steven James Foster
answered on Apr 10, 2018

You should look at this link:

https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/Downloads/Self-Administration-Toolkit-for-WCMSAs.pdf

It should answer your questions about your MSA.

1 Answer | Asked in Workers' Compensation for California on
Q: I'm in cal.and have an open case with workers comp for my knee ,now new claim with my back same employer

I have an open claim for my knee at the time of knee injury i was earning$14.00 hr.i have now opened another claim for a back injury and I now earn $15.50 per HR. I'm scheduled for surgery on my knee while also being treated for back injury both require tpd ? Please I'm confused will my... View More

Steven James Foster
Steven James Foster
answered on Apr 5, 2018

If I understand your question correctly, you are off work for both injuries. Unless your employer can show you are off work for just the 1st injury, I would argue you are entitled to the higher rate. Usually, your employer will pay on ONE claim based on the medical reports they receive from your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.