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Questions Answered by Dr. Peter Marc Schaeffer Esq.

2 Answers | Asked in Workers' Compensation for California on

Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on

Me physically but also emotionally and mentally will workers comp pay for emotiona/mental problems that have occurred because of an injury ?

Dr. Peter Marc Schaeffer Esq. answered on Mar 7, 2019

This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I want to know if the insurance co in a ca workers comp case can deduct from award child support that I had paid from

my TTD checks I owed child support in arrears and a % was taken from my checks and sent to child support and was paid off in 2017 now that I am closing my case the ins co wants to deduct child support from my award I don't owe any more and the payments were deducted from my checks so how can they... Read more »

Dr. Peter Marc Schaeffer Esq. answered on Jan 9, 2019

On the surface it makes no sense if the case was closed ... so.. follow up with the child support agency and get a paid in full statement that there is no basis for any further payments to be made to them... then take that to the court with the settlement documents (if you have a lawyer have your... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: What does it mean that workers' comp is a "no fault" system?

Dr. Peter Marc Schaeffer Esq. answered on Dec 11, 2018

Simply put... if you get injured at work... you don't have to prove you were not negligent nor do you have to prove your employer was negligent. You got hurt at work... you are covered...(unless you were fooling around and caused your own injury)

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2 Answers | Asked in Workers' Compensation for California on

Q: Not P&S yet but released with no restrictions.l

Then let go, am I still entitled to temp disability payments?

Dr. Peter Marc Schaeffer Esq. answered on Sep 24, 2018

Interesting question you will have to refer to the medical reports to see if the doctor is still calling you temporarily disabled even though he gave you no work restrictions he may have said you could return to modify duty and if your employer terminate you before you are able to do any modify... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: Can a temp agency just drop my workman's comp because the company hire a different temp agency

I was hired through the a rtemp agency while I was on this job I got hurt meanwhile the temp agency who I got hired through wasn't doing there job so the company fired the agency and went with a different one I was informed last week the the agency closed my case can they legally do that

Dr. Peter Marc Schaeffer Esq. answered on Sep 20, 2018

No

Once you report your injury to the original agency they own responsibility for your injury even if they get fired and you go to new agency

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?

Dr. Peter Marc Schaeffer Esq. answered on Aug 23, 2018

If you believe your work caused you bodily injury on top of a pre-existing non work injury you are still covered but the issue of apportionment will be a part of the claim.

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3 Answers | Asked in Workers' Compensation for California on

Q: I was injured on the job and treated through workmans comp. Years later I'm needing treatment for problems acquired from

The original injury. Would workman's comp still cover medical costs?

Dr. Peter Marc Schaeffer Esq. answered on Aug 12, 2018

It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I'm on light duty due to tendinitis. I was sent home after my productivity was criticized.

Do I need to return or would that hurt my case? Upper management isn't acknowledging the criticism or the further injury. I don't feel I can do the light duty position. The stress from my supervisor is one thing and the work is hard on my wrists.

Dr. Peter Marc Schaeffer Esq. answered on Aug 12, 2018

Some injuries can be career ending events. Tendonitis could be depending on the type of work you do. If you believe you can not do the work assigned to you without causing further injury, you should return to the doctor to increase your restrictions and if the employer can not accommodate those... Read more »

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3 Answers | Asked in Workers' Compensation for California on

Q: The carrier accepted my claim been 30 days yet to pay any workers Compensation benefits ,

temporary totally disabled for a year I'm still under my doctor's care, will the Board access late fees. I've not received any letter regarding how much my benefits will be stalling tactics

Dr. Peter Marc Schaeffer Esq. answered on Aug 12, 2018

Many injured workers expect the insurance carrier to do "the right thing" but most of the time they don't when it comes to an unrepresented injured worker... if they did then most of the reasons for having an attorney represent you in a workers compensation case would be unnecessary. Failure to... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Why would an claims adjsuter suddenly say that all further communication must be directed to his/her attorney?

I have an attorney.Just didnt think to ask her.

I appreciate the lawyers response,though you are correct.You dont know me or my case.I have never spoken to this claims adjuster.I was given a new adjuster for reasons that I am not aware of.

As far as being rude to this adjuster,my... Read more »

Dr. Peter Marc Schaeffer Esq. answered on Aug 6, 2018

Absolutely it could be for any number of reasons one being that they don’t like talking to you or they feel that you are belligerent door in someway hostile and they don’t want to speak to you any further. Another reason possibly is that you have a lawyer and you’re not allowed to speak to... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: On workman's comp, if your not satisfied with the treatments, can you go elsewhere and still be covered?

Dr. Peter Marc Schaeffer Esq. answered on Aug 6, 2018

You have to generally be treating within the employer's medical provider network and all treatment requests need to approved by the insurance carrier Utilization review department.

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2 Answers | Asked in Workers' Compensation for California on

Q: stepson is out on workmans comp the business is temp shut down due to fires. should he continue to be paid wrkmns com

my stepson is out on workman's comp the business (Yosemite park) is temp shut down due to fires in northern California. Should they continue to be pay him workman's comp since he has not yet had surgery even though they are temporarily closed? they seem to be dragging their feet on his surgery. he... Read more »

Dr. Peter Marc Schaeffer Esq. answered on Aug 4, 2018

If he is still temporarily disable TTD it won’t matter if his employer is shut down or not he is still entitled to be paid his benefits

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3 Answers | Asked in Workers' Compensation for California on

Q: Can I fire my workman's comp lawyer and get a new lawyer if I think my current lawyer is not being helpful

It has been 3 month since I had my deposition and I still have not heard from my lawyer. It has been 3 weeks since my MRI and not heard from my doctor either.

Dr. Peter Marc Schaeffer Esq. answered on Jul 28, 2018

You have an absolute right to fire your lawyer at any time most likely your form a lawyer will take a lien against your case and he will share attorneys fees on a proportionate basis with your new lawyer it happens all the time

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1 Answer | Asked in Workers' Compensation for California on

Q: When do temporary benefit start?

My claim was denied and I’m appealing it. I went to qme and he states that the injury is 100% work related but did not mention any impairment ratings. I’m trying to dispute the rating and I’m sure it’s a long process. Does the insurance carrier have to start benefits for the months wasn’t... Read more »

Dr. Peter Marc Schaeffer Esq. answered on Jul 24, 2018

Did the doctor list in his report what period of time you were temporarily disabled? If he did when you go to court the judge most likely will order the insurance company to pay you for that period of time. Your case doesn’t sound too simple you should really consider hiring an attorney to... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: I recently suffered a heart attack. I retired as a school bus driver almost 3 years ago can I file workman comp claim

Dr. Peter Marc Schaeffer Esq. answered on Jul 19, 2018

I don’t see how this is a work COMP claim. It may have been a viable claim if it happened while still working on that job. But after 3 years not likely.

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3 Answers | Asked in Workers' Compensation for California on

Q: If a dog bit me while I was working in my office, can I file for workers' compensation?

Dr. Peter Marc Schaeffer Esq. answered on Jul 18, 2018

the short answer is yes... if it wasn't your dog and you were acting within the scope of your employment when you were bit.

If you were playing or teasing with the dog, the answer might be otherwise.

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2 Answers | Asked in Workers' Compensation for California on

Q: Can a job declare me ineligible for rehire bacause I had a workers comp claim that involved a lawyer 10 years ago?

I was hurt catching a patient and had to get a lawyer to get medical care covered. The job said they didn't have work within my restrictions so I took a job elsewhere. I only got an attorney because of medical issues. I never recieved payments. I didn't know I could have recieved payments till... Read more »

Dr. Peter Marc Schaeffer Esq. answered on Jul 6, 2018

Many times as part of a settlement negotiation your former employer will ask for a letter of resignation and that you’d be in eligible for rehire therefore they could buy out the entire claim and close out the future medical this occurs 90% of the time when you get a lump sum settlement

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2 Answers | Asked in Workers' Compensation for California on

Q: Is it legal for a workers comp doctor to recommend that his patient should retire because he cannot do anything further.

Dr. Peter Marc Schaeffer Esq. answered on Jul 6, 2018

There is. Nothing illegal about it Dr. advising a patient that his only best option might be to retire or for that matter to find another line of work Considering the nature of his injuries. After all we go to why doctors not only for treatment but for advice the same as we go to a lawyer’s

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