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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: I was injured at a job around 4 months ago and I have not fully recovered. I was fired soon after the accident.

I've had one job after the incident and still can't preform as I used to, so I lost that job as well.

Gary Alan Jackson
Gary Alan Jackson
answered on Apr 24, 2022

You should consult an experienced workers compensation attorney ASAP. You have rights to workers compensation benefits that need to be asserted by a professional.

4 Answers | Asked in Personal Injury, Criminal Law, Employment Law and Workers' Compensation for California on
Q: Daughter ismanager apt complex, stabbed in back by non resident 04/12/2022. Owner of complex said no to security help

On 04/12/2022 my daughter was stabbed in the back by non resident who was told to leave property previously. Daughter is manager at the property. Owners hired security officers due to some illegal things going on there and homeless hanging around and causing problems. This company hired my daughter... View More

Neil Pedersen
Neil Pedersen
answered on Apr 14, 2022

Your daughter needs to immediately locate and consult with a workers compensation attorney who can be sure she timely makes a claim against her employer and receive the medical treatment she needs.

Good luck to you and to your daughter.

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2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Social Security for California on
Q: Hello I've been suffering from anxiety and I get panic attacks. Can I qualify for disability and who can help me?

Hello I have 2 weeks without working and i work in construction and when I don't work due to anxiety I don't get benefits. I have 2 kids and my wife and I dont know what to do with this anxiety that doesn't let me work due to panic attacks. It all started almost 4 years ago when my... View More

Kelvin K. Lee
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Kelvin K. Lee
answered on Apr 11, 2022

Dear Sir,

You may be eligible for State Disability Insurance (SDI) from the California Employment Development Department (EDD) if you apply within 49 days of the date you were last able to work. It will pay a percentage of your salary for up to 12 months. You will have to initiate this...
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1 Answer | Asked in Workers' Compensation for California on
Q: F/U question. How do we find out which items r agreed upon prior to the MSC conference? When you don't have an attorney

Can/will a judge use MSC to make defendant begin to cover treatment or basically accept the claim? What is meant by the 2 days? Is MSC a time to ask for everything you think you are entitled too in the "cases entirety" or is it just an initial conference to get things started? If... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

AGAIN: THE JUDGE WON'T ORDER anything except likely a continuance. so AGAIN no treatment is ordered. The time to request everything to which you are entitled IS RIGHT NOW of the defense attorney. When the defense attorney says 'no' then you write down everything that you want the... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Why is it so difficult to get an attorney for a psych workers comp case?

Thank you so much for your response. As in all cases their are those that will or may meet the requirements... I posed another question just prior to this one asking what to expect at a MSC. This question was more of a follow up to that concern. Can you please review that question and help me? With... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

The worker must prove that (1) there is a disabling psychiatric injury, then (2) that 51% of that condition is due to unfair and/or extraordinary events arising out of employment and in the course of employment. AND one must be on the job more than 6 months. Unless you took a knife or a bullet,... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Psych/Psych claim against VERY major employer. I'm running out of time that I can be off work. What will happen at MSC?

Preliminary QME finds my claim predominantly industrial requiring Tx. Supplemental information will be based on more of the same supportive documentation. Filled DOR which is leading to upcoming MSC. During DOR hearing Judge implied claim compensable. What will happen at MSC? Will judge make a... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 21, 2022

The settlement conference is just to see if this can be settled. There will be no hearing and no decisions. If the parties cannot settle, each party writes down every witness to be called at trial and each written document to be submitted into evidence. The parties write out the Pre-Trial... View More

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal options for tort claim against unauthorized medical records release

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 10, 2022

It is a CRIME to (1) Forge then (2) violate HIPAA limitations, and proof of a crime can serve as proof of Duty and Breach; so you might want to start your Tort prosecution by getting the tortfeasors prosecuted by the local District Attorney. A HIPAA Complaint can be filed with the federal... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: My attorney os not honest with me and accepted a settlement without my authorization. What can I do?

This last attorney just recently took over my case after 2 other attorneys had also been handling it yet they also had their assistants, paralegals and legal aids be the ones to return my calls and answer my questions that sometimes not even they had the answers to. They have not made an attempt to... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 28, 2022

IF you can find another firm, you could fire this attorney and hire a new one you trust. But you write 2 other lawyers had it also. If they were fired too, a fourth attorney is not likely to take this on. If the insurer is disputing the incident occurred, only then are witness statements... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I was on 4850 pay from June 2020-June 2021. Then on TTD from June 2021-Jan 2022. Now on PD.

I was just diagnosed with cancer (cumulative presumptive work related) last week and my work filled out workers comp paperwork and turned it in. Would I be eligible for another year of 4850 pay since it is a new different injury? I have not received ADPP or retirement pension yet.

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 16, 2022

I just answered this on Avvo, but I'll repeat it for others reading along: the cancel is a NEW Injury, each injury get 52 weeks of LC4850 benefits, so YES you get 52 weeks of 4850 pay. The adjuster DOES NEED a medical report noting the diagnosis and writing that you are Temporarily Totally... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I recieved a "workers compensation appeals board stipulations with request for award" recently.

How do I know if the award amount is just? I had a lumbar lower back injury that required surgery.

Gary Alan Jackson
Gary Alan Jackson
answered on Jan 19, 2022

you hire an attorney to help you throught the process and especially to set you up with a fair and unbiaed doctor who eventualy writes a final report upon which is based a fair and accurate stipulation. if you signed a stipulation with no attorney to advise you, then you get what you got and do... View More

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1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... View More

Neil Pedersen
Neil Pedersen
answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... View More

1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for California on
Q: I had to fire my workmens comp attorney a few days ago am now without one hearing tomorrow do u know what I should do

Mal practice forced me to let him go so close to my settlement hearing case has been open over 5 years had 2 MRI 2 nerve scans done never got any results back never was giving a primary doc that would except me without the results to my tests I collected workmens comp 2 years with basically no... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 14, 2021

you should let the judge know that you would like some time to find a new lawyer. a judge will nealry always give you time to find a new attorney as they dont want you to represent your self, unless you have done this several times already. it sounds like maybe you just endured a non responsive... View More

Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Neil Pedersen
Neil Pedersen
answered on Dec 7, 2021

There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: A work accident in 2015 resulted in injuries to my head (TBI), back, neck and jaw. The insurance co. ended my TD early

In 2016 my head injury was declared permanent and stationary but my back injury was not declared permanent and stationary until after a surgery and rehab in 2019. The insurance company ended my temp disability in 2016 and started giving me permanent disability, but shouldn't TD have continued... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 22, 2021

you can actually receive more than 104 weeks in limited circumstances, if your injury is very serious. A head trauma certainly can be very serious. and you are correct that you are entitled to TTD, up to the legal limit, until you are no longer TTD. so if you body part is P&S but another is... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... View More

Brad S Kane
Brad S Kane
answered on Oct 28, 2021

While it is true that personal injury claims generally have a 2 year statute of limitations. Unfortunately, to bring tort claims against the government or its subdivisions, you are also required to give notice of your client within 6 months. Otherwise, you claim is time barred.

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1 Answer | Asked in Workers' Compensation for California on
Q: How many years can I go back on a workers comp. claim. I never received a closed claim letter in Seattle WA..

The investigation was found in my favor by their investigator .

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 21, 2021

There is no code section requiring any 'closed claim' letter. If "go back" means to appeal a judge's decision at trial, you had 20 days from date the decision was mailed out. If this was a settlement you signed, you had 25 days from the date the judge's Order... View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for California on
Q: An event coordinator made my server dig through the garbage despite covid. I want to pursue this.

An event coordinator made my server dig through the garbage despite covid. I asked her where the trash was to be put, she said over there and pointed to a trash barrel While server food to guests she came and got my server and he had to dig in trash where people are throwing their dirty plates and... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 19, 2021

Was this 'coordinator' the Employer/Supervisor of the server redirected to the trash? If not, this worker should have declined; if he becomes ill, he can pursue a Personal Injury claim against the Coordinator. If there IS an employment relationship between the Coordinator and the... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

Domingo R. Castillo
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answered on Oct 19, 2021

You can limit the information that the insurance carrier obtains and restrict any and all psychological treatment or med care. This also is an opportunity to reflect and review all prior injuries that may have occurred at your job. Unfortunately most insurance companies will look for any reason to... View More

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1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I would like to talk to A attorney It's about sewing a company that I'm with

I was checking out reviews from Angie list and home adviser and I've been waiting for a year and I've been here since things about them and I'm making leads that wasn't real and I'm out of a lot of money and I just want to know am I the only one

Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

First, this is not Worker's Comp- WC deals with injuries at work. You should post in Employment law so the right attorneys see your post. You don't provide enough information to evaluate your situation. Is this a wage issue? Harassment? I suggest you should contact a local attorney to... View More

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