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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: I went out on WC for stress. My supervisor is asking for all of my keys and passwords. Should I be alarmed at this?
Nancy J. Wallace
Nancy J. Wallace
answered on Mar 31, 2017

Should you be 'alarmed'?? Depends on what 'alarmed' means. If you are asking if you are being investigated, then YES.

Psychiatric injuries have to be caused 51% by the employment event; if the supervisors find non-industrial stressors on your computers and devices,...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: injured at work

injured at work need future surgery on arm, 2 disc in spine bluging dre catogory 2 cannot lift no more than 10 lbs, no sitting, standing walking for more than 30 min, nerves are damaged, cannot return to the kind of work i use to do.i have permanate disability in arm and spine, been out of work 2... View More

Ruben Montoya
Ruben Montoya
answered on Apr 4, 2017

Your WC settlement should include future medical, permanent disability %, supplemental job displacement voucher, mileage, out of pocket expenses.

I strongly suggest that you get representation before you dig yourself into a medical whole that you cannot get out off. If you are unable to...
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2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

I have a workers compensation and PI case open. I was declared P&S almost a month ago and haven't heard from my attorney or any of his paralegals. How soon after P&S should I expect to have the first settlement offer? I do have PD and I'm already receiving PD payments. Thank you.

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 27, 2017

an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: how much time does the insurance have to pay me after the judge approved my payment?
Nancy J. Wallace
Nancy J. Wallace
answered on Mar 16, 2017

Typically the agreement actually states 30 days...as in 'no penalty shall accrue on sums paid within 30 days of service of the Order Approving Compromise & Release Agreement'. But I can't tell what this 'order' is from this question. If there is a Findings &... View More

2 Answers | Asked in Workers' Compensation, Health Care Law and Insurance Bad Faith for California on
Q: Can you sue a insurance Co. for not given you the care that you were awarded by a judge.Im 2 years with out a urologist?

I'm 100% disabled with W/C. I have gone 2 years without a urologist because nobody will take W/C. I was awarded it along with other things from a judge.I don't know if the insurance company is responsible or the Workers Comp system because not getting the right care is deadly.So could I... View More

Domingo R. Castillo
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answered on Mar 14, 2017

I agree with our comments and understand your frustration with the broken California workers comp system. It's broken for the injured workers of Calif but the insurance companies are very content and happy with it. I'm not sure if you ever had an attorney on your case but we would like to... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Injured at work last year 11/1/16. 2/15/17 complicated by infection of the injured leg causing sepsis and hospitalized.

Discharged home w/wound open and infection continue. Employee Health discharge my case, and rwlease me to full duty. WC insurance closed my case. Is that right, what to do?

Ruben Montoya
Ruben Montoya
answered on Jun 10, 2017

Get an attorney and DO NOT SIGN ANYTHING. If infection is of injured body part, that is work related. Talk to an attorney immediately.

1 Answer | Asked in Workers' Compensation for California on
Q: In 2003 I received a worker's comp check for $41,000 from Disney. I gave it to my mother, now she refuses to return it.
Nancy J. Wallace
Nancy J. Wallace
answered on Jun 14, 2017

Injured workers must assert their rights very quickly, including getting a replacement check. You had 6 months in which to demand the check that you gave Mom cancelled and new check be issued. After that, the insurer is allowed to assume you got your payment and it can close it's file and... View More

2 Answers | Asked in Workers' Compensation for California on
Q: Submitted WC claim in CA for stress in 12/2016 but no response from company once I was laid off. Can I now apply for UE?
Ruben Montoya
Ruben Montoya
answered on Mar 13, 2017

You can apply for UE however you will be stating that you are able and willing to work therefore being contradicting to your injury claimed. If you are not able to work due to your injury you can apply for state disability while your claim is litigated. Also if you file your claimed and were... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: r fell on my head in 1998 instantly noticed prblm wth sght 7 yrs ltr lse visin in lft e 10 yrs the rt e now blid in bth

no inds say i ws born wth it have identical twin who does not hve does. prve my case

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

Besides disability, the question is what case-- if it was a work injury you can only reopen for the additional issues within a certain time. Contact a member of CAOC who handles workers compensation--they give free consultations.

1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: An independent contractor I hired to complete work at a customer site got hurt.. Am I responsible? Customer?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

It depends on the terms of your agreement with the parties. How did the injury happen? You might both be liable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

2 Answers | Asked in Workers' Compensation for California on
Q: Is there anyway to reopen a Workers comp case that's been settled for about 6yrs.To have the monthly Modified

Its was put into Annuity

Ruben Montoya
Ruben Montoya
answered on Mar 7, 2017

Not really a WC question. You can call the company administrating annuity directly.

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2 Answers | Asked in Workers' Compensation for California on
Q: I am receiving Worker's Comp. temp. perm. disability. Can I drive for Uber while disable? I am just driving
Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You can if doctor permits it and you are complying with restrictions. However once you work you are no longer temporary TOTALLY disabled and your payments will be deducted or stopped. If you make less driving than what you did at your job you got injured on you can make an argument that they... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Injured my right foot at work and unable to drive and must Uber to and from work. Should they reimburse me?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

See: http://www.dir.ca.gov/dwc/InjuredWorker.htm

Yes, that is quite possible. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for California on
Q: My wife did marketing her previous employer hasn't reimbursed her for a credit card bill is there any legal action we

Her employer would tell her to use her credit card for expenses and would reimburse her at the end of the month but she just quit 3 weeks ago and now she keeps asking about the reimbursement and they seem to give her the run around is there any legal action we can take? Oh and it's a 10... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

You can sue in court for breach of contract. Gather evidence and contact a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My Uncle was permanently disabled on the job in CA, and his settlement required that all his medical treatment and care

related to his disability would be covered for life. The workers' comp company is no longer paying for much of what they agreed to. What can I do? The law firm that handled the claim is no longer in business.

Domingo R. Castillo
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answered on Feb 15, 2017

You need to contact an experienced workers comp law firm or attorney to discuss these issues. Many issues would have to be reviewed such as whether your uncle is seeing an authorized physician and whether he is sending all the med reports and requests in writing to the insurance carrier. Best bet... View More

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3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg
Ruben Montoya
Ruben Montoya
answered on Feb 15, 2017

The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can... View More

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1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

I mean if try to work how much money i can make year and not effect my SSA benefits

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .

2 Answers | Asked in Workers' Compensation for California on
Q: I was injured on a job over 10 years ago and I my doctor wrote me out 0% disabled with the possibility of surgery needed

Again in the future. Its now the future but, who's responsible for the surgery?? There was never a timeline put on the paperwork

Domingo R. Castillo
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answered on Feb 11, 2017

You need to seek legal counsel with a competent Workers Compensation Attorney. If the matter was Stipulated with Medical Open for the Future, you will probably need to go through the insurance carriers Medical Provider Network of orthopedic doctors. However, most of them are not on your side so a... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: WC wants Me to sign medical release form for all medical and dental records. Do I have to sign this?

They want me to sign a medical

Release form for all my medical and dental records. Not all records are related to my injury. They say claim may be denied if I don't. Do I have to sign to release All medical records?

Domingo R. Castillo
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answered on Feb 11, 2017

The workers Comp insurance company always request a list of all your past medical history. They do this to see if they can find any reason to either deny your claim or reduce the value of your claim by finding pre-existing injuries, disease or symptoms that may contribute to your current claim. At... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it legal for a workers compensation doctor to give a pregnancy test during an appointment for a minor hand injury?

No I did not give permission.

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

Did you consent to a pregnancy test? Not possible to answer your question with limited facts provided.

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