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California Workers' Compensation Questions & Answers
0 Answers | Asked in Military Law and Workers' Compensation for California on
Q: Can Marine command override Navy doctor restrictions for field exercise?

I'm a Marine who was injured during SOI. For the past two years at my permanent station, I've faced difficulties with my NCOs while seeking medical treatment. After receiving medication from the Marine Hospital ER, the label indicates restrictions like "CAN NOT OPERATE heavy... View More

3 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Son's hand sutured with glass inside, later infected, surgery needed; does he have a lawsuit case?

On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More

Eliza Jasinska
Eliza Jasinska
answered on Mar 6, 2025

Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More

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4 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Injured at work, seeking advice on hiring a lawyer for workers' compensation.

I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 3, 2025

yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of... View More

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3 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Concerns about workers' comp settlement signed before MMI in California.

I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 24, 2025

You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More

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2 Answers | Asked in Bankruptcy, Employment Law and Workers' Compensation for California on
Q: Laid off from union store due to lack of hours after store's financial recovery, with safety concerns from frequent shoplifting

I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2025

First, you should apply for unemployment benefits.

Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a...
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1 Answer | Asked in Juvenile Law, Employment Law and Workers' Compensation for California on
Q: How to address child's probation violation and potential consequences?

I'm a parent of a child who was arrested at 12 years old and placed on probation for possessing pills such as metformin and ibuprofen. The authorities dropped an additional charge involving codeine. My child is now 14 and has generally been making progress. However, I've recently... View More

James L. Arrasmith
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answered on Feb 19, 2025

Your concern for your child's wellbeing shines through, and this is indeed a complex situation that requires careful consideration. The combination of mental health challenges, substance use, and probation violations creates legitimate worry about your child's trajectory.

From a...
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1 Answer | Asked in Family Law, Public Benefits and Workers' Compensation for California on
Q: How to get emergency conservatorship for son with mental illness in CA?

How can I obtain an emergency conservatorship for my adult son in California? He is mentally ill, has substance abuse issues, and is currently on a ventilator in the hospital due to his inability to care for himself. Two years ago, we unsuccessfully attempted to get a conservatorship. He requires... View More

James L. Arrasmith
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answered on Feb 18, 2025

Your situation sounds incredibly challenging, and I understand your deep concern for your son's wellbeing. Given the severity of his condition - being on a ventilator, recent overdoses, and living without proper care - you likely have strong grounds for an emergency conservatorship in... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Can I collect unemployment benefits after I won my workers comp case after being denied onthe first weeks of the injury

I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jan 30, 2025

Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: do some lawers push cases thru not work as hard in hopes of doing better on another case when working with Workmans com

I feel like my lawyer isn't working for me and was wondering what I could do?

Neil Pedersen
Neil Pedersen
answered on Jan 22, 2025

You have the unfettered right to change attorneys at any time. Good luck to you.

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Q: My two prior wc attorney's won't appeal my case to be heard by a judge even tho the adjuster stop my benefits since may

& the qme doctor first report was also in May but I'm still waiting for a second report wich still don't include all my body parts. Let me also mention this qme doctor studied at the same place I had my injury and has a office across from my employer. Are there any attorneys whi will... View More

James L. Arrasmith
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answered on Jan 21, 2025

I understand your frustration with the workers' compensation situation, especially since your benefits were stopped and you're dealing with potential conflicts of interest regarding the QME doctor.

Many attorneys are willing to take over workers' compensation cases that have...
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1 Answer | Asked in Workers' Compensation for California on
Q: Do workers comp attorneys get a percentage of my ongoing permanent disability payments for life?

I am wondering if my attorney will get 15% of my monthly payments for CALSTRS teacher disability for life.

James L. Arrasmith
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answered on Jan 17, 2025

Workers' compensation attorneys in California typically only receive a percentage of your permanent disability settlement or award, not ongoing disability payments from retirement systems like CalSTRS. The 15% fee structure usually applies to workers' compensation benefits specifically,... View More

2 Answers | Asked in Workers' Compensation for California on
Q: Should I take the money or not?

I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More

Dennis Dascanio
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answered on Jan 16, 2025

Dear concerned injured worker,

Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly...
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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: On workers comp then furloughed due to covid-19 pandemic , then was told by workers comp doctor to return to work+fired

Was on workers comp then had to wait a few months due to everything closing once I visit Doctor a few times then covid-19 happened got furloughed then was told by doctor to return to work with restrictions I got fired by boss because he claimed that there was no more work for me

is that... View More

Neil Pedersen
Neil Pedersen
answered on Jan 14, 2025

There are many facts that would need to be understood to answer your question. You would be wise to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to... View More

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3 Answers | Asked in Appeals / Appellate Law, Workers' Compensation and Business Law for California on
Q: Do I have a chance of winning an appeal for my citation.

I am a Licensed and insured landscape contractor and have been sited by the state contractors license board for "aiding and abetting an unlicensed person with the intent to evade Contractor's License Law." A $4000 fine.

An unlicensed contractor that I know went on a lead for... View More

George W. Wolff
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George W. Wolff
answered on Jan 12, 2025

Did you use this unlicensed contractor before, or on other jobs?

Does he solicit work for you from customers?

I need to see that citation.

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I have a question on employment law do to a incident at work

So I’ve never done anything like this or have dealt with lawyers or anything but everyone tells me I should talk to one do to what happened to me I was on a jobsite outside of Redding CA for my company but we were working on a PGE site, the company I worked for we built and service transformers... View More

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2025

Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I have had a drug and alcohol disease, I file a worker comp claim, they want my medical records. What can they see

Management has been targeting me about things I did not do, they never can prove accusations.

Dennis Dascanio
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answered on Jan 9, 2025

Dear concerned injured worker,

Typically only relevant medical records are discoverable in your Worker’s Compensation claim and you must authorize the release before they can be requested. If you are concerned about the release of your medical records you should consult with your...
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2 Answers | Asked in Workers' Compensation for California on
Q: Do I still need to complete this deposition? Will the insurance company ask me to reimburse my medical expenses?

Regarding my WC appeal case. I have never communicated with my lawyer before, only with the front desk agent. The insurance company has already performed surgery and given me TTD. I think I will recover. Now the defense lawyer asked me to do a deposition. The deposition notice has been sent to me.... View More

Dennis Dascanio
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answered on Jan 1, 2025

Dear concerned injured worker,

I understand your concerns and trepidations about your Worker’s Compensation claim. I am unable to answer your questions as you are currently represented by an attorney from the information you passed along and the questions would require a legal analysis....
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2 Answers | Asked in Workers' Compensation and Social Security for California on
Q: Can I hire a pro bono lawyer who is experienced with WC to take over my current misrepresented WC case?

It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More

Dennis Dascanio
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answered on Dec 24, 2024

Dear injured worker,

I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many...
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2 Answers | Asked in Workers' Compensation and Medical Malpractice for California on
Q: Workers comp. Doctor & Hospital missed hip fracture. This caused me to have hip replacement. What legal recourse?

QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More

Dennis Dascanio
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answered on Dec 21, 2024

Dear injured worker,

Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the...
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1 Answer | Asked in Workers' Compensation for California on
Q: My lawyer is advising me to take a 38,500 settlement with no future medical. My question is I guess would Medi-cal help.

My lawyer advised to take the settlement and apply for Medi-cal and have them take out my hardware and pay for physical therapy. The only red flag is my first surgery was payed by medical as well , but my incision did get infected. I didn’t think about workers comp since I was in so much pain... View More

James L. Arrasmith
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answered on Dec 21, 2024

Your situation with the workers' compensation settlement and medical needs requires careful consideration, particularly regarding future healthcare coverage through Medi-Cal.

While Medi-Cal can cover hardware removal surgery and physical therapy, there are important factors to...
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