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California Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: I had a slip and fall yesterday at work. I am now experiencing a lot of pain and discomfort. Do I need to return to work

Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed

James L. Arrasmith
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answered on Mar 2, 2024

In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More

4 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I slipped and fell at my place of business but I had not clocked in yet. My bosses did not do an injury report

I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.

Joel Gary Selik
Joel Gary Selik
answered on Mar 2, 2024

Consult with an attorney who handles both worker’s compensation cases and personal injury third-party cases.

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1 Answer | Asked in Workers' Compensation for California on
Q: Good morning, can a WC investigator ask if you have had a unrelated DUI if you suffered a shoulder injury at work?

Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.

James L. Arrasmith
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answered on Feb 29, 2024

In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Using private insurance during workers comp claim.

Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: What kind of attorney is needed to assist with workers compensation claims, maximum medical insurance?

My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More

James L. Arrasmith
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answered on Feb 27, 2024

To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: What would a workers compensation settlement mean for the future?

I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More

James L. Arrasmith
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answered on Feb 26, 2024

In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Is there deadline to submit CA WC mileage if claim was settled with medical left open & still being seen by a Dr?

If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More

James L. Arrasmith
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answered on Feb 24, 2024

In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: How do I legally switch an attorney who is not responsive at all?

Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More

1 Answer | Asked in Workers' Compensation for California on
Q: : I went to the qme doctor recommended treatment on both hands and knees and my doctor denied me medical tratement wt to
James L. Arrasmith
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answered on Feb 20, 2024

If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I went to the qme doctor recommended treatment on both hands and knees and my doctor denied me medical tratement wt todo
James L. Arrasmith
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answered on Feb 20, 2024

If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 19, 2024

First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the...
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1 Answer | Asked in Workers' Compensation for California on
Q: California Workers Compensation Max TTD Based on COLA 4661.5

Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past

66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Calif. Workers Compensation. Can 66 2/rds TTD% be passed after a few years by COLA. 4661.5

Making $1,000.00 per week. Paid $666.66 TTD per week. After 2 years.. 4661.5 kicks in. Can TTD now include the COLA based on SAWW? Even if it passes the original 66.66% ? Or is $666.66 always the maximum and 4661.5 ignored. Can find nothing on this.

James L. Arrasmith
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answered on Feb 21, 2024

Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3rds percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs) mandated by Labor Code §4661.5.

Specifically,...
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1 Answer | Asked in Workers' Compensation for California on
Q: Cola and 66.66% maximum Indemnity... California State Workers Compensation. Judges don't even know....

I was making $1,000 a week and injured. California Claim.  The insurance started paying me $666.67 per week indemnity.  2/3rds.  The following year a 13% cola was passed based on the SAWW.  State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds %    Is the COLA... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, it seems there is some ambiguity around whether the 13% COLA should have been applied in this case. Some key points:

- In California workers' comp, temporary disability (TTD) benefits are capped at 66 2/3% of the employee's average weekly wages...
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2 Answers | Asked in Workers' Compensation for California on
Q: California Workers Compensation: Can the 66-2/3rds TTD Indemnity be affected by COLA.

I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.

Here are the key factors to consider:

- TTD benefits are...
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1 Answer | Asked in Workers' Compensation for California on
Q: On an ongoing open approved claim in California. Can cola increase TTD indemnity past the original 66-2/3rds. ?

I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA allowed? Or is 66-2/3rds... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.

Here are the key factors to consider:

- TTD benefits are...
View More

3 Answers | Asked in Workers' Compensation for California on
Q: In California can the 66.66% indemnity paid be increased solely due to a COLA adjustment?

There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More

James L. Arrasmith
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answered on Feb 22, 2024

Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.

In detail:

- For injuries occurring after 2003, TTD rates are...
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1 Answer | Asked in Workers' Compensation for California on
Q: Notice of dismissal of attorney means what?

I signed form electronically for workers comp

James L. Arrasmith
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answered on Feb 3, 2024

A "Notice of Dismissal of Attorney" is a formal document that signifies the termination of your attorney-client relationship in a legal matter, such as a workers' compensation case. When you electronically signed this form, it indicated your decision to no longer retain the services... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Workers' Compensation for California on
Q: Can I file suit against work comp insurance Co outside the comp system.

A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More

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2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What's the passing point in WC claim to get new Attny? (The Point that new attny can't fix damage done by prior attny?)

I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More

James L. Arrasmith
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answered on Jan 27, 2024

In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More

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