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California Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for California on
Q: Trial scheduled for disputed attorney fees.

Hi,

I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... View More

Ronald Mahurin
Ronald Mahurin
answered on Jan 4, 2021

1) If the WCJ believes testimony is needed, then there will be a court reporter, otherwise most everything will be done in the WCJ chambers.

2) Yes you have all the rights available with respect to any trial result.

The attorney is entitled to payment Quantum Merit. That means...
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1 Answer | Asked in Workers' Compensation for California on
Q: Hello, I went to a deposition and did not receive a copy. What happens after 30 days?

I was informed that I must go over it and sign it in order for it to be valid and used in court. What happens after 30 days? Does it expire? Do I have to do another deposition?

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 16, 2020

You really need to remind your attorney to send you the transcript ASAP. At the end of the proceeding, the attorneys agreed to a certain number of days AFTER RECEIPT of the transcript for you to review the transcript and submit any changes. Did your attorney get your transcript? They should have... View More

3 Answers | Asked in Workers' Compensation for California on
Q: Hello, Is there a deadline for submitting mileage paperwork for California Workers Comp case?
Steven James Foster
Steven James Foster
answered on Dec 10, 2020

There is no deadline as long as your case is open. Also, it is easier to get reimbursed for mileage the closer it is submitted to the actual appointment.

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3 Answers | Asked in Workers' Compensation for California on
Q: I'm going through Work Comp now to deal with my carpal tunnel. I have had visits w/ a Dr. prior trying to avoid WC.

WC now wants my med. records. How far back am I required to realease? Have I damaged my case w/ WC by trying to deal with it privately before? I had heard horror stories about WC and didn't want to have that experience. Thank you.

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 1, 2020

the answer is a reasonable time. its best to consult with an experienced work comp attorney and hire one to represent you and help you through the process. it costs nothing out of pocket and fees are limited to 15% of the settlement amount. its well worth it to have a professional by your side and... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Please help with choosing a doctor I received my panel

F

Ronald Mahurin
Ronald Mahurin
answered on Nov 30, 2020

I cannot do anything without their names

Ron Mahurin

Northerworkerscomp.com

2 Answers | Asked in Workers' Compensation for California on
Q: How do you write a settlement demand letter?

I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 20, 2020

we handle a large volume of SIBTF cases. unfortunately to answer that question would take an entire seminar of between 10 to 30 hours of instruction. SIBTF is great and very valuable but very complicated. you will need to have SIF doctors most likley in multiple specialties to address and issues... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: If i had a stroke which resulted in a brain anurism, can i get compensation from the company?

I feel i was made torn to work harder than most employees purposely on a daily basis and i also talked to company personel about feeling like this and possible solutions. I have also relayed this to fellow employees i directly work with and they also see my reasoning for feeling singled out.

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2020

each case rises or sinks on the specific info for that case.

I assume you are talking about filing a worker's compensation case against your employer. If so you need to make an appointment with a WC lawyer.

They will want to know what EVIDENCE you have to support your...
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1 Answer | Asked in Workers' Compensation for California on
Q: Dismissed Attorney fee dispute held in trust account after an Approved C&R.

Hi,

Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 16, 2020

By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case.... View More

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Special Employment - Joint Responsibility

If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or do I implicitly accept liability of the employer of the staff of the... View More

Maurice Mandel II
Maurice Mandel II
answered on Nov 14, 2020

If I read between the lines of your question, you have been sued because the bouncer roughed someone up, and they claim that you "willfully/negligently" hired a bad security company. I am not trying to be rude, but you won't find the help that you need here, you need to hire an... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Last employer failed to comply with OSHA laws. I am now suffering from migrating metal in body after MRI. Case?

Last employer failed to comply with osha guidelines in many areas. By not having protective shields on grinders I am now experiencing painful side effects from having an MRI done almost a year after being released from duties. Metal shavings are migrating in my skin and face. When multiple... View More

Alex Sliheet
Alex Sliheet
answered on Oct 25, 2020

So the MRI was for something else.

What did the doctor say regarding the migration of metal

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3 Answers | Asked in Workers' Compensation for California on
Q: QME form

After filling 2 QME forms I sent one to my adjuster and the second to the state compensation places, and this is because my adjuster closed my case because Concentra gave me a zero impairment rating, now I called my adjuster today to confirm he got the mail but could not answer his phone, but the... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 21, 2020

you should consult and obtain a workers compensation attorney to assist you with your work injury case. it is a complicated system. you may not want a PQME just because you dont like the reporting of the PTP. you may want a new PTP. it costs nothing out of pocket to hire a work comp attorney to... View More

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2 Answers | Asked in Workers' Compensation and Health Care Law for California on
Q: disability lawyer wants to hire me to provide a medical opinion on denied disability cases

I am a nurse practitioner, interviewed with a lawyer that is representing patients whose disability claims that were denied and the claimant is seeking an appeal. The role consists of reviewing the medical records that are available and giving a medical opinion as likely course of your medical... View More

Joseph Alan Hernández
PREMIUM
Joseph Alan Hernández
answered on Oct 19, 2020

To Whom it May concern:

Whether your license would be at risk is something you would have to talk with your guild about but Nurse Case Managers are often used by the Defense to coordinate the treatment and arrange for diagnostic testing. The nurse case managers are generally not rendering a...
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2 Answers | Asked in Workers' Compensation for California on
Q: QME FORM

Hi Guys, I called my adjuster to request a QME form after finding out that my evaluation rating from concentra was zero but as usual the adjuster never replied. So I went online and found the form, I was wondering if and individual involved in the claim can fill this form, I already talk to a... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Oct 19, 2020

You could fill out the form but I suggest you consult an attorney when striking the names of the doctors as that is very crucial. You can contact anyone of us on Justia for a free consultation.

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3 Answers | Asked in Workers' Compensation for California on
Q: workers comp- Cant get hold of my adjuster and his supervisor but apparently the case has been closed

My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 16, 2020

First, your case is plenty 'ripe', scrap that lawyer and get a real lawyer, who needs to rush you far, FAR AWAY from concentra hacks. Next, adjusters blow off people on the phone. Concentra doctors routinely write that patient fully recovered with zero permanent disability and zero need... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: I gotta settlement 20 years I e settled for a amount but not the whole thing they held back some of it for future

They held some back can I get the rest of the settlement since I never used it L

Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

Recommend you contact a local attorney dealing in Worker's compensation cases and take all your paperwork to them for review and advice.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Workers' Compensation for California on
Q: Do I HAVE to release my medical records for my worker's comp claim?

I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Sep 27, 2020

The worker’s compensation insurance carrier wants to get your prior medical records to see if you had injured the same body part before. They should subpoena any records they need. You don’t need to sign the medical release forms. You should consult with anyone of us on Justia for a free... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Sep 16, 2020

You should make an appointment to meet with your attorney and ask him to explain why nothing is happening or you can consult anyone of us on AVVO for a free consultation.

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2 Answers | Asked in Workers' Compensation for California on
Q: If a person has an open worker’s comp claim can your company let you go for good without completing the claim?

Person works for the airline industry and is being let go as part of airline cutbacks.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2020

Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: I sustained a work injury and I went to the doctor he sent me back with restrictions job can't accommodate i was put on

Oc leave i don't know what that is or if i will be paid

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Sep 9, 2020

If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.

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1 Answer | Asked in Workers' Compensation for California on
Q: I won my case after 4 1/2 years I was awarded back money and expect the remainder by check twice a month.

how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 21, 2020

Sorry, from just this, nobody can know.

Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.

Did a WCAB Judge make a Finding and Order that you have a certain percentage...
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