You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... View More

If your former employer is really considering filing for BK, the quicker you get the money in your bank, the better off you will be. Cannot evaluate the claim because you did not say how much you asked LC for. The LC claim could become just another claim in BK and you would get a fraction of its... View More

Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this... View More

It is generally not unlawful to pay newer employees more money than those with more seniority. Seniority has no power or priority unless you are in a union environment.

However it is unlawful to be treated poorly because of your race, or age over 40, or other membership in a protected... View More

Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool... View More

you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15%... View More

To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know... View More

132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be... View More

You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy... View More

There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a... View More

only your attorney can provide you legal advise and information about your specific case. you will need to set an appointment to address your concerns with your attorney.

Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement... View More

It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions... View More

Worker’s compensation doctors are bias and they send you back to work even though in most case they shouldn’t. The law says you have to treat with them but the law allows you to be evaluated by a neutral doctor one time to know your true disability and your true need for future treatment. Once... View More

Worker’s compensation docotrs are very bias and they do return you to work even though they shouldn’t. In their final report they give you low percentage of disability and little need for future treatment. The law allows you to be evaluated by a neutral doctor to see what your true disability... View More

In California, you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee has the absolute right to change the terms and conditions of employment, including job title and duties, at any time and... View More

All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your... View More

You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating

I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true.... View More

The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I... View More

All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.