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 »
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 »
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 »
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.
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?
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
I've 2 jobs: 1 full-time where I was injured & 1: on-call. I've worked at both for 3 yrs. I've been receiving temp. dis. checks for the last 8 months from the full-time job & have been working at my on-call job within my claims dr.'s restrictions. I've informed the... Read more »
Your benefits are calculated based upon your Average Weekly Wage. This can be calculated multiple ways, but is usually your total earning for the year prior to your injury divided by 52. It gets more complicated when you have multiple jobs. Unless they are paying at a rate that accounts for both...Read 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.