My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this
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"... Read more »
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/
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.
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... Read more »
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
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.
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... Read more »
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... Read more »
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... Read more »
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.
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.
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... Read more »
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?
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.
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 ?
answered on Oct 29, 2018
The Cost of Living Adjustments (COLA) apply to work injuries occurring on or after January 1, 2003.
answered on Oct 3, 2018
Yes, all workers' compensation settlements are subject to negotiation.
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.
I didn't trip over anything. I just stumbled and stepped awkwardly.
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.
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.... Read more »
Is the insurance company trying to get me just to accept the vouchers and not proceed to trail
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'... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
Can they compute from the beginning of the year to when I got injured? Or from my start date?
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... Read more »
Do that no one will help me understand
answered on Apr 10, 2018
You should look at this link:
It should answer your questions about your MSA.
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... Read more »
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... Read more »
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