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California Workers' Compensation Questions & Answers
3 Answers | Asked in Workers' Compensation for California on
Q: The carrier accepted my claim been 30 days yet to pay any workers Compensation benefits ,

temporary totally disabled for a year I'm still under my doctor's care, will the Board access late fees. I've not received any letter regarding how much my benefits will be stalling tactics

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

If you are still qualified for temporary disability and the doctor has submitted the necessary forms/reporting to the insurance company, the insurance company must pay you an additional 10 percent of the payment, if the claims administrator sends a payment late.

This is true even if there...
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2 Answers | Asked in Workers' Compensation for California on
Q: Why would an claims adjsuter suddenly say that all further communication must be directed to his/her attorney?

I have an attorney.Just didnt think to ask her.

I appreciate the lawyers response,though you are correct.You dont know me or my case.I have never spoken to this claims adjuster.I was given a new adjuster for reasons that I am not aware of.

As far as being rude to this adjuster,my... View More

Dr.  Peter Marc Schaeffer
Dr. Peter Marc Schaeffer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2018

Absolutely it could be for any number of reasons one being that they don’t like talking to you or they feel that you are belligerent door in someway hostile and they don’t want to speak to you any further. Another reason possibly is that you have a lawyer and you’re not allowed to speak to... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: On workman's comp, if your not satisfied with the treatments, can you go elsewhere and still be covered?
Dr.  Peter Marc Schaeffer
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answered on Aug 6, 2018

You have to generally be treating within the employer's medical provider network and all treatment requests need to approved by the insurance carrier Utilization review department.

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1 Answer | Asked in Workers' Compensation for California on
Q: I tore a tendon in my foot trying to catch the elevator at//before work. Should comp or regular insurance cover this?

I work for a mechanical contractor, and this happened before work, on the job site property. I told my foreman, and he said to go home if I was hurting, I told him I would be ok and just needed a minute. I continued to work for about three hours, I was still in a LOT of pain and decided I should... View More

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

Based on further facts, this may be a workers' compensation matter however you should definitely consult with an experienced workers' compensation attorney. Work injury lawyers provide free consultations and it could as simple as a phone call.

2 Answers | Asked in Workers' Compensation for California on
Q: stepson is out on workmans comp the business is temp shut down due to fires. should he continue to be paid wrkmns com

my stepson is out on workman's comp the business (Yosemite park) is temp shut down due to fires in northern California. Should they continue to be pay him workman's comp since he has not yet had surgery even though they are temporarily closed? they seem to be dragging their feet on his... View More

Dr.  Peter Marc Schaeffer
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answered on Aug 4, 2018

If he is still temporarily disable TTD it won’t matter if his employer is shut down or not he is still entitled to be paid his benefits

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3 Answers | Asked in Workers' Compensation for California on
Q: I was hurt in 2015 and currently work under modified duty for my Employer. Do the 104 weeks of Worker's Comp apply to me

I am employed through a return to work program and am paid by my Employer. I have had two surgeries and I am still in pain and due to that I am on modified duty. I just want to know if the 104 weeks apply to me.

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

TD payments end when:

• Your treating doctor says you can return to your usual job (whether or not you actually return to work);

or

• You return to your usual job or to modified or alternate work at your regular wages (or at wages

associated with a maximum limit...
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2 Answers | Asked in Workers' Compensation for California on
Q: The insurance carrier accepted my claim, it has been almost 30 days since they accepted my claim, I have yet to be paid.

I'm still collecting SDI my attn finally filed for an expedited hearing, what can I expect? do I receive penalties for late payments

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 1, 2018

TTD is due when a Primary treating PHysician on the MPN issues a report that says the injured worker is Temporary Totally Disabled... do you have THAT? Is there a written demand that the treating physician has declared you Temporarily Totally Disabled and you are due TTD Indemnity effective a... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: Can I fire my workman's comp lawyer and get a new lawyer if I think my current lawyer is not being helpful

It has been 3 month since I had my deposition and I still have not heard from my lawyer. It has been 3 weeks since my MRI and not heard from my doctor either.

Dr.  Peter Marc Schaeffer
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answered on Jul 28, 2018

You have an absolute right to fire your lawyer at any time most likely your form a lawyer will take a lien against your case and he will share attorneys fees on a proportionate basis with your new lawyer it happens all the time

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1 Answer | Asked in Workers' Compensation for California on
Q: My original atty from '06 injury left practice long ago.Partner said will rep me for life of claim. How does she get $ ?

I was deemed P&S + medical. In 2015 ER said I should get reasonable accommodation, I felt it was a threat so got one to protect myself - "1 episode per month, help with lifting >20 lb". Dr indicated reason : "To satisfy supervisor." My employer requested I re substantiate... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 27, 2018

she doesn't get paid. THAT is the price of letting a client settle by way of Stipulations With Request For Award. the attorney gets to work for free. You should have been visiting the treating physician every 6 months since being released. if you don't use your 'future'... View More

1 Answer | Asked in Workers' Compensation for California on
Q: When do temporary benefit start?

My claim was denied and I’m appealing it. I went to qme and he states that the injury is 100% work related but did not mention any impairment ratings. I’m trying to dispute the rating and I’m sure it’s a long process. Does the insurance carrier have to start benefits for the months wasn’t... View More

Dr.  Peter Marc Schaeffer
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answered on Jul 24, 2018

Did the doctor list in his report what period of time you were temporarily disabled? If he did when you go to court the judge most likely will order the insurance company to pay you for that period of time. Your case doesn’t sound too simple you should really consider hiring an attorney to... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I recently suffered a heart attack. I retired as a school bus driver almost 3 years ago can I file workman comp claim
Dr.  Peter Marc Schaeffer
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answered on Jul 19, 2018

I don’t see how this is a work COMP claim. It may have been a viable claim if it happened while still working on that job. But after 3 years not likely.

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3 Answers | Asked in Workers' Compensation for California on
Q: If a dog bit me while I was working in my office, can I file for workers' compensation?
Dr.  Peter Marc Schaeffer
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answered on Jul 18, 2018

the short answer is yes... if it wasn't your dog and you were acting within the scope of your employment when you were bit.

If you were playing or teasing with the dog, the answer might be otherwise.

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2 Answers | Asked in Traffic Tickets, Workers' Compensation and Car Accidents for California on
Q: A guy wants to borrow my cargo trailer to move some heavy furniture across the country. Am I taking any legal risk here

California. He wants to travel to Wyoming and back. I’m not sure I’m comfortable with that. I’m just wondering, if he wrecks and hurts someone else on the highway, would I be held liable? Would I get sued?

William John Light
William John Light
answered on Jul 18, 2018

Yes, there is the potential of risk. Your trailer should be separately licensed and insured. He would be a permissive user of the trailer and, as such, would be insured under your policy for any liability arising out of the use of the trailer. His own insurance would insure him for liability... View More

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7 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can I close my work injury lawsuit at anything if I wish not to proceed?? Can a settlement be set at a Deposition
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 8, 2018

If you have a lawyer representing you, you might owe him or her some fees for the time put in the case. If you are handling the claim yourself, you probably can drop the case at any time if you want to. A settlement and a Deposition are two different things. I assume you are talking about a... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Can a job declare me ineligible for rehire bacause I had a workers comp claim that involved a lawyer 10 years ago?

I was hurt catching a patient and had to get a lawyer to get medical care covered. The job said they didn't have work within my restrictions so I took a job elsewhere. I only got an attorney because of medical issues. I never recieved payments. I didn't know I could have recieved... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 6, 2018

Perhaps you are not a possible rehire because you have permanent work restrictions?? Without knowing the requirements of the job for which you applied and your permanent work restrictions, it's impossible to know. It is a violation of Labor Code 132a to discriminate against a worker in... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Is it legal for a workers comp doctor to recommend that his patient should retire because he cannot do anything further.
Dr.  Peter Marc Schaeffer
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answered on Jul 6, 2018

There is. Nothing illegal about it Dr. advising a patient that his only best option might be to retire or for that matter to find another line of work Considering the nature of his injuries. After all we go to why doctors not only for treatment but for advice the same as we go to a lawyer’s

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2 Answers | Asked in Workers' Compensation for California on
Q: I think I got food poisoning from a catered lunch at my office. Can I file a workers' compensation claim?
Dr.  Peter Marc Schaeffer
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answered on Jul 3, 2018

The fact that you became ill at work in and of itself doesn't make your employer liable... but you can file a workers compensation claim... whether it will be successful or not depends on the medical evidence and the doctors opinions on the issue of causation.

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1 Answer | Asked in Workers' Compensation for California on
Q: In my Ca workers comp case the Ins Co has deducted child support from my award can they do this?

I have paid my child support. workers comp has deducted money from my TTD checks and a % of any award I've received and my child support is now paid in full . So how is it they can deduct anything for child support? It's not as though they paid anything it all came from my checks.

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 19, 2018

you need to write and connect with Child Support because Child Support has filed a Lien with the comp insurer to grab your payments until the lien is satisfied. This means Child Support is declaring to the State of California WCAB that you have NOT paid your support debt in full, that sums are... View More

1 Answer | Asked in Workers' Compensation for California on
Q: If youre working part time and getting workmans comp benifits do you have to report if you work under a different name?

I had to get a job when they cut my benifits and started to pay from my settlement. I got a job under a different name and was wondering should i quit to continue to recieve full benifits or tell them im working and get the benifits cut. Im not working much since its very difficult to work im just... View More

Dr.  Peter Marc Schaeffer
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answered on Jul 3, 2018

If you are collecting TD ( Temporary disability) payments from the workers comp insurance company, and you are working and NOT reporting your income you could be guilty of insurance fraud. The fact you are working under another name would help the prosecuter in proving your intent to defraud.... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I lost my balance and fell down at work. Can I still claim workers' compensation for my sprained ankle?

I didn't trip over anything. I just stumbled and stepped awkwardly.

Steven James Foster
Steven James Foster
answered on Jun 6, 2018

Yes, workers' compensation is a no fault system. If you are injured at work while working, you can claim your injury and seek medical care for the injury.

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