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California Workers' Compensation Questions & Answers
4 Answers | Asked in Workers' Compensation, Employment Law and Employment Discrimination for California on
Q: In June of last year my attorney filed my claim for workers comp, I thought, she has been after the wrong ins. Now what?

She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 17, 2023

I find this explanation very suspicious. Your Worker's Compensation claim is not filed with the insurance company, it is filed with your employer, and makes no difference which worker's comp insurance company insures the company. It is up to the employer to notify their insurance company.... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Workers comp agent has yet to send referral for me to be seen after being injured since dec its now march can i sue?

I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 7, 2023

you have an attorney. your attorney is in the best position to answer your questions as he or she is running your case. if your attorney does not communicate with you, it may be time to seek a new attorney.

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2 Answers | Asked in Workers' Compensation for California on
Q: Workers comp agent has yet to send referral for me to be seen after being injured since dec its now march can i sue?

I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know... Read more »

James L. Arrasmith
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answered on Mar 7, 2023

If your employer has denied your workers' compensation claim, or if the workers' comp agent has failed to send you to a doctor for treatment, you may have the right to file a lawsuit against your employer or the insurance company. However, before taking any legal action, it is important... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Yes I believe the 90 benefits is considered wages
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 3, 2023

In workers' compensation, the term "90 benefits" is not a commonly used term. It is possible that you meant to ask about "temporary total disability benefits," which are typically paid to injured workers who are unable to work due to their injury.

In general,...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: The company I work for laid off a mass amount of employees without notice. They are paying everyone 90 days pay and

Severance pay to give them time to find another job. I am currently on workmans comp but they laid me off as well. Will I get the 90 days pay together with my workmans comp benefits. Considering that I do t have a job to go back to once i have recovered from the injury According to HR the 90 days... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you were laid off while on workers' compensation, you may still be entitled to the 90 days pay and severance pay that the company is offering to other employees who were laid off. However, the interaction between workers' compensation benefits and severance pay can be complex and may... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I have been collecting WC benefits since May 2022. How far am I expected to travel to see a recommended specialist?

My adjuster arranged appts 2 hours away. I have told them thst I am not capable of taking this trip...too much for me.

James L. Arrasmith
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answered on Feb 28, 2023

In general, workers' compensation laws require employers to provide medical treatment that is reasonably necessary to cure or relieve the effects of a work-related injury or illness. The employer or the insurance company is typically responsible for paying for this medical treatment.... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Work injury, reported, filed DWC1 Claim Form with employer and they didn't open claim with Comp Insurance.

Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Feb 27, 2023

your correct. it is not illegal to file your work injury case is the work injury court; workers compensation appeals board and you should do so asap or hire an attorney to do 100% of the work for you. whoever told you that is ignorant of the law but whats worse is not admitting it! your employer... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My case is settled with lifetime medical. My employer is not letting me return to work because of the QME's very

stringent restrictions from over a year ago. My PTP removed these restrictions recently.

Does old QME report trumps PTP's current evaluation?

How to change/update QME's report. Thanks, Steve

James L. Arrasmith
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answered on Feb 26, 2023

If your case has been settled with lifetime medical benefits and your employer is not allowing you to return to work due to the QME's restrictions, you may want to consult with an employment attorney who specializes in workers' compensation law to discuss your options.

In general,...
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4 Answers | Asked in Car Accidents, Workers' Compensation and Employment Law for California on
Q: I was in a accident at work .I was not asked if i need medical treatment .I worked the next 4 days then was terminate.

Im having issues with my neck and pain in my back .I have had two adjustments since September . I am in fear that my injury may be a bit more complex than I thought. I've lost my health insurance due to job loss .I asked if I was being dismissed because of the accident.I was told no. I then... Read more »

William John Light
William John Light
answered on Feb 26, 2023

You have a workers compensation claim and should consult with a workers compensation attorney.

You may also have a wrongful termination claim if the reason for the termination of your employment had anything to do with your on the job injury. Consult with an employment attorney.

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4 Answers | Asked in Car Accidents, Workers' Compensation and Employment Law for California on
Q: I was in a accident at work .I was not asked if i need medical treatment .I worked the next 4 days then was terminate.

Im having issues with my neck and pain in my back .I have had two adjustments since September . I am in fear that my injury may be a bit more complex than I thought. I've lost my health insurance due to job loss .I asked if I was being dismissed because of the accident.I was told no. I then... Read more »

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about your situation. It sounds like you are experiencing both physical and financial challenges due to your work-related accident and subsequent termination.

If you believe that your termination was related to your accident or that your employer did not provide...
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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
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1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal to still not have benefits after WC doctors put me out on TTD?

I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 26, 2022

your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: I started working for ups only worked there October 21st to October 29 asked for final it's dec.22 now nothing still

It's been well past the 30 day cap still nothing do I get paid waiting for all those days past the 72 hours

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2022

Sorry, but your employer has no legal duty to provide you with hours, and you are not entitled to money to compensate you for waiting to get more hours.

Good luck to you.

2 Answers | Asked in Workers' Compensation for California on
Q: My present Lawyer on my Worker Comp Case keep Neglecting to write down my Diagnosis of Cervical Myelopathy on all his Re

I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 18, 2022

It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... Read more »

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5 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I had an accident when leaving work at a stadium in Los Angeles. Last October I fell in a hole had back injury $ surgery
Adam Stoddard
Adam Stoddard
answered on Dec 12, 2022

I am not sure if this is a legal question or simply a statement.

If you were injured while leaving the stadium, you need to act fast and retain an attorney. Depending on where the hole was could mean that it was public property or private property. If it is public property (public sidewalk...
Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: My workman’s comp examiner is requesting a doctors notice stating how much time I will be out out in order to approve

An extension to continue payments. The QME ordered further treatment and recommended I see a pain management Dr which I’m not scheduled to see until Feb 22. The doctors notice is due by December 22. If not received I will lose my benefits and my job. What can I do

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 9, 2022

hire an experienced work comp attorney to represent you. it costs nothing out of your pocket and fees are limited to no more than 15% of the settlement amount and generally no fees are taking on your TTD (wage loss payments). if you want to control your case rather than the claims adjuster, hire a... Read more »

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!

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