If you have a valid workers compensation claim, and you were on modified duty when you were terminated, AND the employer was unable to provide modified work that fit your limitations, then yes you have a 132a discrimination claim before the Workers Comp Appeals Board. Within the 132a you can argue... View More

Yes, the insurance carrier can deny your case at any time. However, there may be consequences if the denial is improper. Technically, if your claim is not denied within 90 days of notice, then it is presumed to be a work injury by statute. This appears to be the case with you.

At this... View More

It's impossible to know what defendants are thinking without more information. However, if your medical providers have found you MMI and the defendants have requested an MSC, my guess is the defendants want to close out the case before you can get additional discovery or amend your case.

When you get to the MSC the WCJ will look over the medical file, then determine if the evidence is substantial. If the medical reports support your disability, the case is essentially done unless someone disagrees with the rating. Defendants will tell the court the basis of their close out offer... View More

It is very common for new attorneys to take over cases. If the same defense law firm is handling your case, not much should change because you will still have the same insurance adjuster on your case. I have cases where I am on my fifth or sixth defense attorney. Turnover is a challenge to most WC... View More

You can always sue, but that does not mean you will win. In California you cannot bring a wrongful termination suit before the workers compensation appeals board WCAB, so you want to find a civil attorney practicing employment law, not a workers compensation attorney.

The insurance company will get credit for any payments made for child support. However, since the payments were made from your temporary disability, as you say a percentage was paid, there should be no further deductions from your award. The insurance carrier is only responsible for paying 104... View More

IF what you are trying to say is that the INSURER did not pay Temporary Disability indemnity AT ALL, then no, a penalty is due. But if you are trying to say the Insurer paid 2/3 of your average earnings PLUS the employer used accrued benefits to add to that to make a full paycheck with... View More

The GM is correct, you cannot return to work without a physician's release, or a report giving you permanent restrictions which the employer can meet. The answer to your question is that you should be receiving workers compensation benefits because you have not been released by your doctor.... View More

The only recourse is to go to court and have the WCJ order them to pay. No matter what the status of the acceptance/denial, if the insurance company is not paying benefits and the medical records supports those benefits, you must seek court help. If you believe the lack of payment is in bad... View More

It is a difficult question because there are very specific requirements for someone to be considered an "Independent" contractor. You must be very cautious because the workers compensation laws favor injured workers and if the "Independent" contractor is found to be an... View More

The Cost of Living Adjustments (COLA) apply to work injuries occurring on or after January 1, 2003.

Can you file a claim? Yes. Will it be accepted? Most likely, no. Stress claims are regularly denied. Labor Code 4660.1 says the employer has no responsibility for psychiatric injuries generally, with these exceptions:

(A) Being a victim of a violent act or direct exposure to a... View More

Your attorney will take THOU$ANDS so if you cannot talk to her, you need a different attorney!!! Injured workers are deposed more in accepted cases than denied, so it is possible there could be deposition still. If you really meant to ask if there would be a TRIAL, yes, if the defense fails to... View More

An adjuster need not pay TTD when (1) they never received the Work Status report showing TTD status by an MPN Physician; (2) the physician reporting is no longer on the MPN so they can ignore his findings; (3) The claim is now denied in its entirety; (4) there are videos of the applicant... View More

Sadly, the injured worker IS NOT PAID for the first 3 days of temporary disability following a work injury! IF this injury causes you to lose more than 14 days of work as being found Temporarily Totally Disabled, only then does the adjuster owe you for the three days you lost following this... View More

You COULD try that, but most judges will refuse to award any penalty to an insurer exercising it's right to prove the claim is non-industrial at trial. You CAN take those reports, request a Trial, offer them to the judge at trial as evidence that the injury IS work=related, then you would... View More

I know of NO ONE who practices Workers Comp for injured workers on in Tribal jobs because it's hours and hours and hours of work for no money. You only get to see Tribal doctors, and those doctors write that the Tribe is not responsible or otherwise owes you no treatment and no money.... View More

if you must ask questions here instead of the firm you will be paying thousands, you need new counsel. There are wonderful firms in the bay area. You need a lawyer that answers your questions. YOU MAY 'dismiss' this attorney who won't speak with you and hire a new attorney. You... View More

You have not gone to Trial. IF you went to trial with those reports, the WCAB Judge would issue a finding that you WERE injured on the job. Until the court issues a Finding and Award, the insurer has no obligation to pay when it has denied all responsibilities for the injury.