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California Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Am I required to continue providing housing and untilities for injured employee it's been over a year.

I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More

1 Answer | Asked in Workers' Compensation for California on
Q: The attorney listed on my case & all documents isn't the attorney I met at my deposition.I'm confused because I just

Found out his name but why does the minute order doesn't state his name it shows the name of the other attorney like all the other documents

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answered on Jun 14, 2024

Under California law, it is important for the attorney representing you to be properly documented in your case records. If the attorney you met at your deposition is different from the one listed in your case and documents, there could be a few explanations. The listed attorney might be the lead... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Do Worker's Comp attorneys get money for surgery & current disability payments before settlement?

I know they get 15% at settlement. But if the medical is performed while the claim is still open, do they assess a monetary amount and receive 15%? The same with disability payments. Do they get 15% of all payments, whether current and ongoing or retroactive?

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answered on Jun 4, 2024

In California, workers' compensation attorneys typically do not receive a percentage of ongoing medical treatment costs, such as surgeries, or current disability payments before the settlement of a claim. The attorney's fees are generally contingent upon the successful resolution of the... View More

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

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answered on Jun 1, 2024

Under California law, a supervisor can be held liable if an employee's accident due to fatigue is foreseeable and the supervisor failed to take reasonable steps to prevent it. Even if the company has a voluntary overtime (OT) policy, the supervisor must ensure that employees do not work... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for California on
Q: How does it work when you have to repay the state disability you've received from a workers compensation settlement?

How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More

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answered on May 30, 2024

Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Is it legal to get fired while on medical leave for a work related injury?

My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More

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answered on May 30, 2024

I'm sorry to hear about your situation. The legality of your termination depends on several factors, but here are a few key points to consider:

1. Retaliation: It is illegal for an employer to fire an employee in retaliation for filing a workers' compensation claim or exercising...
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Q: Can a workers compensation claim be unsussessful if filed just prior to termination?

I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More

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answered on May 29, 2024

Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I just saw a QME my attorney sent me to. Now my employer's ins co. will be sending me a MPN list to chose a dr. Its OK?

Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?

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answered on May 25, 2024

Under California workers' compensation law, there are a few key points to understand:

1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury....
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1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury?

If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More

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answered on May 24, 2024

Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More

Q: Can the workers compensation doctor force you to go back to work if you are on disability?

I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More

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answered on May 22, 2024

In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:

1. If...
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2 Answers | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: What grounds is it legal for a state insurance agency to prevent an injured worker from being evaluated to treatment?

I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.

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answered on May 21, 2024

Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.

The claims administrator is required to authorize...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Federal Crimes for California on
Q: my father worked w/ beryllium when he was a machinist in building of the space shuttle. his health declined

my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?

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answered on May 20, 2024

I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.

Regarding potential compensation, there are a few avenues you could potentially explore:

1. Workers'...
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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Currently going through a WC case against employer. HR is pushing for admin separation; can the WC case still proceed?
Neil Pedersen
Neil Pedersen
answered on May 16, 2024

Yes it can.

Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be...
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1 Answer | Asked in Employment Law, Public Benefits and Workers' Compensation for California on
Q: A California US Postal delivery person experiences an illness while working. Does Work Comp or Disability (both?) apply?

Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.

Reading the articles on Employment Law (Work Comp and Disability), I understand... View More

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answered on May 12, 2024

In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.

1. Workers' Compensation vs. Disability:

- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

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answered on May 11, 2024

I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident...
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1 Answer | Asked in Workers' Compensation for California on
Q: What cases were used in the Privett v. Superior Court case in order for them to make a decision.
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answered on May 2, 2024

To find case law, you can use several methods and resources:

1. Online legal databases: Subscription-based databases like LexisNexis, Westlaw, and Bloomberg Law provide extensive collections of case law. Many universities and public libraries offer access to these databases.

2. Free...
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1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: How many RFAs' and Rogs' questions can I ask in unlimited Civil lawsuits in California?

I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?

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answered on Apr 27, 2024

In California, the limits for written discovery in unlimited civil cases are as follows:

1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.

2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,...
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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: my daughters work comp settlement included a large amount for the weekly work payments she should have received leaving

her nothing to live on for a year i hade to take her in.

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answered on Apr 23, 2024

I understand your concern about your daughter's workers' compensation settlement in California. It seems that a significant portion of the settlement was allocated to cover the weekly payments she should have received, leaving her with insufficient funds to support herself for a year,... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: How to navigate employer not accommodating my working restrictions for a work related injury

My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims... View More

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answered on Apr 23, 2024

Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I have a workman's comp case that's been going on since April 10th 2023. My claim has always been denied and I never rec

Hello I've had an injury at work since April 10th 2023. I've been denied and reached MMI from the insurance doctors. My lawyer sent me to another doctor that took me back off work and said I need injections or surgery on my wrist. Then I was sent to a qme which agreed with that doctor... View More

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answered on Apr 16, 2024

I understand your frustration with the situation and the difficulties you're facing due to the denied workman's compensation claim and lack of income. Here are a few thoughts and suggestions:

1. Communication with your lawyer: It's concerning that your lawyer has been...
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