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Questions Answered by Dr. Peter Marc Schaeffer
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... View More

Dr.  Peter Marc Schaeffer
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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
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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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1 Answer | Asked in Workers' Compensation for California on
Q: If youre working part time and getting workmans comp benifits do you have to report if you work under a different name?

I had to get a job when they cut my benifits and started to pay from my settlement. I got a job under a different name and was wondering should i quit to continue to recieve full benifits or tell them im working and get the benifits cut. Im not working much since its very difficult to work im just... View More

Dr.  Peter Marc Schaeffer
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answered on Jul 3, 2018

If you are collecting TD ( Temporary disability) payments from the workers comp insurance company, and you are working and NOT reporting your income you could be guilty of insurance fraud. The fact you are working under another name would help the prosecuter in proving your intent to defraud.... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I think I got food poisoning from a catered lunch at my office. Can I file a workers' compensation claim?
Dr.  Peter Marc Schaeffer
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answered on Jul 3, 2018

The fact that you became ill at work in and of itself doesn't make your employer liable... but you can file a workers compensation claim... whether it will be successful or not depends on the medical evidence and the doctors opinions on the issue of causation.

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