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California Workers' Compensation Questions & Answers
2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Qme does not specify restrictions are permanent. Recieved returns to work form from primary care. Employers won't accept

5% herniated disc. No bending no stooping but does not specify how long from qme. 5 months later recieve return to work form from primary doctor. Leave of absence team states my qme results say restrictions are permanent. "Permanent" is not in the language. My qme does not specify... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 1, 2022

Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them?

My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.

Brad S Kane
Brad S Kane
answered on Nov 29, 2022

First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.

Second, it was temporarily modified due to the Pandemic....
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1 Answer | Asked in Workers' Compensation for California on
Q: WHERE AM I TO FIND A LAWYER TO ASIST WITH FEDERAL WORKERS COMP CASE AGAINST USPS?
Gary Alan Jackson
Gary Alan Jackson
answered on Nov 22, 2022

Try Max Gest in los angeles. i believe he is on Olympic Blvd. best of luck!

1 Answer | Asked in Criminal Law, Personal Injury, Workers' Compensation and Civil Rights for California on
Q: I'd love to find more information on this, my mother had a similar experience at Raleys in 1986 that left her disabled.

She was my mother and she has now passed, mostly due to her bad health and poverty as a result. She was beat with a baseball bat after dealing with harassment during all of her employment at Raleys. She said there were other women that had been harassed and assaulted at the same time.

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 21, 2022

not sure what your asking. your looking to know if you have some type of legal case on behalf of your deceased mother due to an incident in 1986???

1 Answer | Asked in Workers' Compensation for California on
Q: while on workmen's comp our union negotiated a bonus and a 4% retro to July 2021, would I lose any of this or get

deducted while on workmen's comp??,I was just wondering If I will be deducted the bonus or lose any of the current 2/3 that I am being paid at the moment since I am to receive a bonus and back pay

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 22, 2022

Sorry, NO. The Labor Code limits you to 2/3 of your 'Average Weekly Wage' AT THE TIME OF INJURY. But not after wage negotiations. So all the adjuster has to pay is 2/3 of what you earned at the moment of injury. IF you worked and earned wages (not TTD disability payments, just Wages)... Read more »

Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I had to release/dismiss my attorney, What now?

I found an attorney from a referral list on line. Turns out, their offices are in Southern California, I'm in Northern California. They assured me the geography wouldn't be a problem. It was, from the very beginning. For example: they kept forgetting I was in Nor. Cal. I even bought a... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 8, 2022

We are in so cal and represent many in NorCal. It’s the firm you choose, not any other issue from what your describing.

1 Answer | Asked in Workers' Compensation for California on
Q: 3 hour QME appt, 60+ page report. DA objected. Doctor reversed entire opinion in 8 minute deposition, what now?

My QME appointment was very thorough, almost 3.5 hours. The doctor's report nearly 70 pages, referencing medical journals and other studies and publications, etc. The report was very much in my favor. The defense attorney filed motion to depose the examiner. The deposition lasted 8 minutes... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 8, 2022

Talk to your attorney about this as he or she has the facts, we do not. If you don’t have an attorney then I can understand why you got screwed. Lesson learned; never go it along when fighting an insurance company for benefits

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I just got out of the hospital due to work related injuries, my boss contacted me the next day to wok .can he do that

He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 1, 2022

yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.

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2 Answers | Asked in Workers' Compensation for California on
Q: I’ve recently passed out at work due safety and health reasons, that my boss put me in, boss refused to give me hr dept

If I can’t get a hold of hr dept who can I talk to

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 31, 2022

Give up on 'chatting' and put the words in writing and fax them to the office; keep a copy of the fax transmission report. When you have such an unprofessional institution you really need to put everything in writing, and immediately. I'll be the company's fax number is on... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Why did workman's comp stop helping me if their doctor couldn't help me get better from my injury to go back to work

Why did workmans compensation company stop my checks there Dr stopped me from working because of my injury I am getting ssi disability checks now but I thought that of a workmans compensation Dr couldn't help your injury so you can go back to work but stopped you from going back to work... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 20, 2022

it sounds like you did not hire an attorney to represent you so you acted as your own lawyer in your case. That is never a good idea. Perhaps you dont understand that the insurance company #1 obligation is to the shareholders, not you! if you truly understood this you would have 1. hired a lawyer,... Read more »

2 Answers | Asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California on
Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 17, 2022

There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can I still receive worker's comp if I quit my current job, and if I haven't filed my claim yet?

I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 12, 2022

Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Is there compensation for having a cyst on your inner elbow from falling at work. My inner elbow and lower arm hurts

When picking things up even driving. Injury was caused at work. Currently receiving temporary disability payments

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

The cyst by itself has no value. At the end of your healing, the Treating Physician SHOULD write about your WHOLE PERSON IMPAIRMENT, the total impairment you have from all the body parts injured in the fall at work. Maybe the reporting doctor will write that a cyst is a great permanent... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Yes but my mri’s and x rays show that I have spinal stenosis and a cyst on my inner elbow from my fall at work
Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

AGAIN: if you have a friendly, very carefully-chosen physician writing the evaluation report, the report could find that the Whole Person Impairment is increased as the result of stenosis and the cyst. There is no dollar amount add-on for spinal stenosis or a cyst. THE KEY is are these... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: My primary physician assigned by my workman’s comp insurance submitted a report that I am P&S but the insurance company

Disagreed and sent me to see QME the QME said that he doesn’t see anything really wrong but I’m still in pain so he recommended epidural lower back I jections and a cortisone shot for my elbow also recommended I see a pain management Dr and chiropractor. It doesn’t make sense to me why he... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2022

Sounds like you let the Insurer pick the worst doctors in the world for you. How sad! But the damage is done. It may be that the QME found you are not at Maximum Medical Improvement until you complete a course of conservative treatment, so the adjuster will just OK the Requests For... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: My QME says he doesn’t know why my back is still hurting after physical therapy and chiropractic care. It still hurts

They took MRI’s and X-rays and said that I shouldn’t be in so much pain but I am what can I do? My MRI’s show that I have spinal stenosis and that I have a cyst on my inner elbow from the fall

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 11, 2022

Not much you can do. Some injuries don’t show on testing. California work comp does not pay much for pain only. You can visit a pain management doctor for pain relieving drugs but that’s not a good long term solution either.

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2 Answers | Asked in Employment Law, Workers' Compensation and International Law for California on
Q: International Independent Contractor law for wage claim

I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 5, 2022

Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can I sue Sedgwick Claims if they have ignored a referral to see an Orthopedic Surgeon for reevaluation.

It has been over a year in which the referral for a reevaluation was submitted through the Orthopedic Practice. Sedgwick has completely ignored the request. Initial surgery for carpal and cubital tunnel syndrome failed due to delay of two years fighting Sedgwick to approve the surgery. The current... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Sep 22, 2022

8 years! your attorney needs to answer these questions for you. if you dont have an attorney, i see why your getting nowhere. we cant answer your question about Sedgwick's "requirement" to use the UR process without more info. work comp is very complex, as you well know. however an... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... Read more »

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