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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 
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
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... View More
answered on Mar 9, 2018
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... View More
i had tendinitis and carpal tunnel surgery in november and now im suppoesd to be limited to 25lbs pushing, pulling, and holding in my left hand. My employer is trying to send me to a food bank to work for $10 an hour M-F which is not my regular schedule or pay. What can I do?
answered on Mar 2, 2018
As long as the modified duty is within your doctor's work restrictions your employer can have you work at the food bank. You should keep a copy of your doctor's work restrictions with you at all times so you can show anyone that asked you to do more than your doctor has approved. Also,... View More
answered on Mar 1, 2018
That depends on how your case was resolved. Typically, after a settlement, the defendant has 20, 25, 30 or 35 days to issue payment. It depends on if the settlement was served in person or by mail and how much time was provided in the settlement document itself.
Had a neck and shoulder injury. My neck was listed on the Appeals Board Stipulations with Request for Award application but my shoulder wasn’t even though the QME stated that I needed future medical. Was I suppose to have received document/documents as to why I wasn’t getting future medical for... View More
answered on Feb 15, 2018
If the settlement was approved by the Judge, you have 20 days from approval to ask that the mistake be corrected. If you are beyond 20 days, you can use Labor Code section 5803 to request the mistake be corrected, however, it's not automatic that a judge would make any changes to the... View More
answered on Feb 15, 2018
You can look on the California State Controller's web site
https://ucpi.sco.ca.gov/UCP/Default.aspx
Fisrt surgery wasn't successful and now require another surgery . My question is will I receive workers comp. benifits again since I returned to full duty after my first surgery? now will be off work for who knows how long and it's on the same claim? Will benifits start automatically... View More
answered on Feb 15, 2018
If your doctor takes you off work again for a second surgery you will likely receive temporary disability benefits while you are off work recovering. Assuming it is all treated as the same injury, you will be paid at the pay rate at the time of your injury. Not your current pay rate.
before surgery I received injection,and Several PTS.swell never full went away and I am still in pain my MRI shows nothing but surgeon said there's definitely something wrong.
answered on Feb 15, 2018
The defendant has five (5) business days to respond to your treater's request for surgery.
answered on Feb 14, 2018
Yes, but venue of your case is determined by:
1) County of residence of employee (Labor Code section 5501.5(a)(1) or (d).)
2) County where injury occurred (Labor Code section 5501.5(a)(2) or (d).)
3) County of principal place of business of employee’s attorney (Labor Code... View More
I have been on workmens comp total temporary disability since March of 2017 . I was seriously injured at work and among other broken bones shattered both of my kneecaps I had a temporary emergency surgury at the time and now I am on the last of a series of injections and physical therapy I am... View More
answered on Feb 14, 2018
They cannot force you to have surgery now, but I would strongly suggest you contact a local attorney to help you with your case. You can look at the CA State Bar and CAAA web sites to get a list of attorneys to call.
answered on Feb 13, 2018
Yes you can, but I would recommend that you speak with a lawyer before you pick the Panel QME. Once you are seen by the Panel QME you are stuck with the opinion of that doctor. You cannot select a new Panel QME if you do not like the one you select. Selection of the Panel QME is probably one of... View More
answered on Feb 12, 2018
That depends on the type of benefit – temporary disability or permanent disability. It also depends on if the injuries are with the same employer. Assuming that your injuries are with the same employer and you are talking about temporary disability, you would only be entitled to one temporary... View More
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