Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on Oct 3, 2018
Yes, all workers' compensation settlements are subject to negotiation.
My job was able to accomodate my work restrictions & place me in a new position. The Dr's final report is that I'm "permanent stationary". WC is giving me the option to close my case for a settlement if $5,000 or to keep it open for future medical. I don't trust the WC... View More 
answered on Oct 3, 2018
You can hire a lawyer, but it's a little late. Sounds like the doctor wrote you have ZERO rateable permanent disability. That's Weird, because if you have no permanent disability you should have been able to perform all tasks of your pre-injury job. That fact that they had to make a... View More
answered on Oct 3, 2018
NOT TAXABLE. It's not wages for earnings. it's a partial payment on a physical and monetary loss.
I was diagnosed with carpal tunnel and told my manager. I do a lot of data entry and use 10 key the majority of my day. Some days I had swelling and pain in my hands, specially after a busy day, I would show her my hands and we would discuss getting an ergonomic keyboard or delegating some work to... View More
answered on Oct 2, 2018
There is nothing one can do about a manager willing to lie. From this point forward, you MUST put each communication IN WRITING with a way to show a manager or adjuster received the writing, like a fax with a fax transmission report or mailing using Priority Mail for the receipt (skip the... View More
Still undergoing same claim! A large chalk board that was placed on top of A large 3' x 4' dry erase board fell off of 3' x 4' foot locker
(without any support) came down on me causing several injuries. At the time of the accident, I was asked to accept a phone call... View More
answered on Oct 1, 2018
No, you cannot refuse another deposition; if you try, the defense attorney will get an order from a judge requiring that you attend the next one, then if you miss the next one, the defense attorney will get an order to either suspend all proceedings on the claim until you attend a deposition, or to... View More
answered on Oct 24, 2018
unless the Award specifies it is repayment of wages earned but never paid (extremely unlikely, the WCAB Judge has no jurisdiction over wage claims), then the Workers Comp award is a non-taxable event. It is payment for surrending rights to further treatment and permanent disability award, it is... View More
The final report from the Dr. regarding my WC injury is that I am permanent stationary. I have tendonitis up to my elbows in both arms & have had it for over a year now but am recovering. WC is offering me to either settle my case for $5,000 or for me to keep it open in case I need any future... View More
answered on Oct 24, 2018
If an insurance adjuster offered it voluntarily, KNOW is the the very, very lowest possible amount the adjuster thinks a workers comp judge might approve. $5000 is 'nuisance' value, the amount they offer for a worthless claim with zero disability to just go away and not bother any one... View More
Then let go, am I still entitled to temp disability payments?
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answered on Sep 24, 2018
Interesting question you will have to refer to the medical reports to see if the doctor is still calling you temporarily disabled even though he gave you no work restrictions he may have said you could return to modify duty and if your employer terminate you before you are able to do any modify... View More
The A M E RULED IN MY FAVOR BUT TRISTAR IS QUESTIONING HIS PERCENTAGE BREAKDOWNS?
answered on Sep 22, 2018
Yes, the injured worker and the employer have the right to ask questions of the Agreed Medical Evaluator. That said, the AME thinks A LOT about his conclusion before he signs the report, so he would have to have a LOT of new evidence to change his opinion on anything.
the agentcy i sign with got fired by the company do to many reasons the company hired a new agency and i had to sign up with the new agentcy to keep my job. the agentcy who got fired to me they closed my case because isign with a different agentcy i was still under doctors care and my treatment... View More
answered on Sep 21, 2018
ONLY the Workers Comp Insurance adjuster 'closes' a workers comp claim, never an employment agency.
BBSI is an employment agency that has it's own adjusting service in northern california, so you might have been with BBSI. The BBSI adjusting service is separate from the... View More
I was hired through the a rtemp agency while I was on this job I got hurt meanwhile the temp agency who I got hired through wasn't doing there job so the company fired the agency and went with a different one I was informed last week the the agency closed my case can they legally do that
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answered on Sep 20, 2018
No
Once you report your injury to the original agency they own responsibility for your injury even if they get fired and you go to new agency
Its an amended claim with right knee legally added to same claim number, does TTD end or does it continue because of Compensatory issues with right knee
answered on Sep 16, 2018
TTD ENDS unless and until the physician that declared you were at Maximum Medical Improvement WRITES that he changed his mind, you are not at MMI because of the new injury to the other knee, and that the injury to the other knee has rendered you temporarily totally disabled. UNTIL that report... View More
SDI until April 2016. If I just enter to any library branches I began to coughing really bed and need to use my inhaler. If I do cleaning, cooking, laundry at home, I need to wear musk, but it's so difficult wear musk more then 1 hour. I need to have a rest and fresh air. My doctor said I... View More
answered on Sep 14, 2018
MAYBE you have a Workers Comp claim against the city. You are required to submit notice of a work injury to the employer BEFORE you leave employment. Maybe your memos or emails make clear you sustained a work-related injury. You can fax the Workers Compensation Claim form noting a date of... View More
they said he is sending his hearing representative to my mandatory settlement case hearing wouldn’t it be better if he was there with me ?
answered on Sep 10, 2018
much more info needed.
i assume you are having a Mandatory Settlement Conference for your civil court and your lawyer is bringing someone from WC case?
i think you should ask him why he is doing it?
I was scheduled by my WC attorney for a "Qualified Medical Examination for this day September 5, 2018. I had to wait nine months
for this appointment. I got a letter from Workmans Comp Attorney (not my lawyer) that is was cancelled! For no reason except that
the letter from... View More
answered on Sep 9, 2018
First, there is NO WAITING 9 months any QME appointment. The attorney can get a panel of 3 QME physicians online in about 5 minutes. Then the attorneys have about 2 weeks to strike the name they refuse; then you see the remaining doctor on the list, and THAT doctor sets the exam within 60 days... View More
I hurt my knee at work
answered on Aug 28, 2018
DO YOU HAVE an Off Work Order or a Work Status Report from a physician in the comp insurer's network? The adjuster will NOT pay Temporary Disability payments unless and until a physician in the MPN (medical provider network) writes that you cannot work at all OR that you are released to... View More
answered on Aug 23, 2018
Yes, if your work activities aggravated, exacerbated, or accelerated your previous non-work condition. The insurance company will likely deny the claim until a doctor finds your condition was made worse by your work activities.
I went to the ER on 4 separate occasions the last two years. I thought it was a bad stomach ache and i did ct-scan, ultrasound and x-ray but everything was normal. The fifth time I went during work hours and the doctor said it was severe depression disorder.
I was discriminated for many... View More
answered on Aug 21, 2018
You can have a treating physician or a Qualified Medical Evaluator physician REVIEW and COMMENT upon the emergency room records. You may put the records into evidence, but the WCAB Judge cannot make a decision as to an injury and disability just on emergency room records. A treating physician... View More
The original injury. Would workman's comp still cover medical costs?
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answered on Aug 12, 2018
It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be... View More
Do I need to return or would that hurt my case? Upper management isn't acknowledging the criticism or the further injury. I don't feel I can do the light duty position. The stress from my supervisor is one thing and the work is hard on my wrists.
answered on Aug 9, 2018
You need to seriously think about a different treating physician; tendonitis is inflammation of the tendon. That's typically an overuse. So you went to a loser MD who found the tendon inflamed but -- since he's 'in bed' with the adjuster -- sent you right back to the duties... View More
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