Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Steven James Foster
2 Answers | Asked in Workers' Compensation for California on
Q: In California 2018, After my WC case has reached a settlement, how long by law can it take before I receive my check?
Steven James Foster
Steven James Foster 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.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: Should I have received a notice by my workers comp Ins as to why they didn’t add my shoulder to the DWC-CA form 10214?

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... Read more »

Steven James Foster
Steven James Foster 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... Read more »

1 Answer | Asked in Workers' Compensation and Environmental for California on
Q: Can you please show me where can I find out if workers compensation still owes me money from the state of California
Steven James Foster
Steven James Foster answered on Feb 15, 2018

You can look on the California State Controller's web site

https://ucpi.sco.ca.gov/UCP/Default.aspx

2 Answers | Asked in Workers' Compensation for California on
Q: 1/2016 injured my knee torn meniscus,received benifits until I returned to full duty.will I get benifits again ?

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... Read more »

Steven James Foster
Steven James Foster 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.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: Typically how long does it take to get approval from workers compensation on a second arthroscopic knee surgery?

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.

Steven James Foster
Steven James Foster answered on Feb 15, 2018

The defendant has five (5) business days to respond to your treater's request for surgery.

3 Answers | Asked in Workers' Compensation for California on
Q: My injury & treatment was in N.Ca & Ins.co Is requesting QME,but I'm moving to S.Ca Can I retain WC lawyer in S.Ca?
Steven James Foster
Steven James Foster 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...
Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Must I Have The Surgury?

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... Read more »

Steven James Foster
Steven James Foster 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.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I have 10- days to send in QME ,can I retain a lawyer after QME panel.
Steven James Foster
Steven James Foster 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... Read more »

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I have 2 accepted workers Comp cases do i get 2 separate checks or do they combine both ?
Steven James Foster
Steven James Foster 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... Read more »

View More Answers

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.