IF YOU and not the adjuster filed for the QME Panel, just write to the adjuster that you will not be selecting nor scheduling any QME appointment because you now agree with the findings of the Primary Treating PHysician.

If the ADJUSTER requested the QME Panel, then you must pick and you... View More

there is a statute of limitation on an accident of 2 years from the date of the accident, and if you do not file within that time you lose your right to sue.

if there was a med mal claim then a suit has to be filed within 3 years or 1 yr from the time you learned or SHOULD HAVE LEARNED of... View More

If I understand your question correctly, you are off work for both injuries. Unless your employer can show you are off work for just the 1st injury, I would argue you are entitled to the higher rate. Usually, your employer will pay on ONE claim based on the medical reports they receive from your... View More

IF your treating physician wrote a Maximum Medical Improvement report and the district's adjuster agrees with this medical report , there is a slight possibility the insurer would like to close out this old case with a small lump-sum settlement called a Compromise & Release Agreement. It... View More

you will pay your lawyer over $30,000 so you REALLY NEED to insist this person explain very clearly why she is no longer insisting on the $275,000. If you do not get an explanation you can understand clearly, do not be embarrassed, tell the lawyer you do not understand her words and that she must... View More

Technically, yes; the insurer SHOULD be advancing permanent partial disability until it receives the Order Approving Compromise & Release Agreement. That said, you very likely agreed to waive any penalties due so long as the C&R totals were paid out within 30 days of the date the judge... View More

i handle accidents that are not work related and you need to contact a workers comp atty.

i do not know the statute of limitations but that is a concern for me.

your employers WC carrier would defend IF THERE IS A LIVE CASE

Adjustors dismiss calls by the 100s all day. Calling over and over makes you look very desparate, like you will take 10-cents on the dollar just for any cash right now. The more you call, the less you adjustor will request to settle future medical rights. ABSOLUTELY EVERY COMMUNICATION WITH AN... View More

NOT FAIR but NO, losing your job gets you almost nothing!! write your state senator and state assemblywoman that this law beats down their voters and must change immediately, or you will actively campaign for their opponent, no matter his positions. the 'loss' that gets you more money... View More

The coverage is through the Workers Comp Insurer, not the employer (unless the employer was self-insured, and there wasn't actual insurance). IF THE INSURER goes belly-up in the Uninsured Employers' Fund kicks in.

Domingo R. Castillo Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2018

It all depends in the medical reports, final diagnosis, prognosis, impairment ratings, restrictions, and many other important factors that can be addressed by your workers' compensation attorney. In addition, the insurance adjuster has the right to obtain a state panel qualified medical... View More

Your benefits are calculated based upon your Average Weekly Wage. This can be calculated multiple ways, but is usually your total earning for the year prior to your injury divided by 52. It gets more complicated when you have multiple jobs. Unless they are paying at a rate that accounts for both... View More

IF THE Maximum Medical Improvement report indicates you have NO PERMANENT RESTRICTIONS then you just return to your pre-injury position. If your treating doc's MMI report contains even one permanent work restriction, the employer must 'accommodate' that permanent restriction, or... View More

As long as the modified duty is within your doctor's work restrictions your employer can have you work at the food bank. You should keep a copy of your doctor's work restrictions with you at all times so you can show anyone that asked you to do more than your doctor has approved. Also,... View More

Both. You have a workers compensation claim and a personal injury claim. Your workers compensation attorney and your personal injury attorney do not have to be the same person. Commonly, they are not.

READ YOUR DOCUMENT. It likely states you 'waive penalties and interest' 30 days after the Order Approving Compromise & Release is signed and served -- words to that effect. IF it has this language, that means you need to have a check IN HAND by the 30th day after the Judge gives... View More

FIRST you must have the QME report IN HAND. Many many times a worker hears something from the QME doctor, then the report comes out and what is in writing is completely different. AFTER the report is generated, THEN the Adjuster (insurance company) has a choice: either follow the QME... View More

Domingo R. Castillo Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2018

Absolutely!! You need to call a workers comp attorney right away!

Thank you,

Castillo & Associates

I would re-ask this in Employment Law, as it is NOT a Workers Compensation law question. All l am confident is that you can use your Family & Medical Leave Act leave time for you own non-industrial hernia repair recovery with a company of 50 or more employees. So check here:... View More