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CA Police Officer. Can employer require that I notify them if I am travelling and make me use vacation time instead of paying me 4850 even though I have medical certification that I am unable to work?
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answered on Oct 14, 2016
As a general rule, no. Whether you are at home, hospital, staying with friends or on a short vacation, not employed elsewhere, and not doing any activities that are precluded by your work Comp doctors (PTP) or Primary Treating Physician, you should be okay. However you will need to attend all your... View More 
release properly. My new Doctor had to do a second release 10 months later. Still recovering. Is it reasonable to have my lawyer ask to settle at sixty thousand, and negotiate down to forty thousand? Before second surgery, insurance company was having my lawyer call me to give them a number to... View More
answered on Oct 11, 2016
I can't tell from these facts. Getting two surgeries gets you $0.00 if you fully recover, so getting repeat surgeries 10 months apart just means your attorney let an incompentent doctor slice on your twice.
There is zero 'pain & suffering' in Workers Comp, so there are... View More
I have a back injury I got at work and am on workmans comp and for six months I've been accommodated and now work is saying they won't do it anymore and want to move me to another lower paying position. They can still accommodate me if they choose to. Is this legal?
answered on Feb 8, 2017
See: https://www.eeoc.gov/policy/docs/accommodation.html
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, and media... View More
we understand that the cap for PT is 24x unless there's surgery involved for WC. We are a multispecialty clinic, are we complaint with the Stark Laws for physical therapy since it would be a supervised in-office therapy services?
answered on Oct 6, 2016
You would want to check with the PT association for California--they could best tell you what is and isn't compliant, paperwork you may need etc.
this is in regards to physical therapy treatment.
answered on Oct 5, 2016
For purposes of treatment under 4600 of the Labor Code, anybody can deliver physical therapy. A 'massage' therapist, a chiropractor, a medical 'assistant' at a clinic ,,, IF the patient accepts services from sub-standard untrained staffer and the clinic bills that out as... View More
answered on Sep 30, 2016
You're in Florida asking about a California Workers comp case... so, IF YOU are labeled Temporarily Totally Disabled from your CALIFORNIA job by a physician within the Medical Provider Network for that employer's comp insurer (no, you can't use your florida chiropractor), only THEN... View More
They are charging me because I have to pay commission to hotels to get limousine jobs, I have a transportation company and this is customary for us to pay commission to the bellman or front desk agents for referrals, they looked at the checks I paid to these agents in my bank account and counted... View More
answered on Feb 12, 2017
Have a lawyer review the details of the case. Did you make an appearance in the suit against you? 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,... View More
answered on Oct 11, 2016
The employer does NOT have to pay wages for time in treatment... that is a urban legend that just isn't true. THE SOLUTION: insist on treatment before or after work. YOU ARE NOT required to stay with a physician who only makes appointments that force you to miss work. SWITCH to another... View More
What is the authorization for, and how long is this suppose to take before everything is settled after the authorization has been received by my Doctor and lawyer?
answered on Aug 31, 2016
Authorization is ALWAYS about money! How long is it 'supposed to' take? Sad to say, there is no set time. If the Insurance Adjuster thinks the Treating doctor's opinion is too generous and you really don't have as much disability as the Treating Doctor writes, then she can... View More
Will I receive checks until court is done
Also I have no job to return to because I was laid off while having surgery and recovering
answered on Aug 31, 2016
Do you receive money when the treating physician writes you can return to all pre-injury work? Maybe.
You will NOT receive Temporary Total Disability indemnity, so no more TTD or TPD checks.
The day the Treating Doctor says "this is your final visit; you don't have to... View More
I was found 100% disabled and P&S on
11-12-2003 by my primary treating phyasician. I am trying to settle my case after 17 years. Its been draged on and delay by the Defence Attorneys? .
answered on Aug 31, 2016
For 100%, the Labor Code says you get the Temporary Disability rate payment every week for life... so it doesn't matter which 'schedule' you use.
NOW: if the defense attorneys are offering some lump sum based on 90%, it's most likely a little higher on the old 1997... View More
answered on Feb 18, 2017
See: https://equity.ucla.edu/wp-content/uploads/2016/06/Questions-to-Avoid-dfeh-161.pdf
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,... View More
I will likely need a few more weeks off work to heal second injury. There will be overlap.
answered on Feb 10, 2017
You should get an attorney. There are many factors that come into play. For example if you are out on a knee injury and you were walking and due to your WC injury you incurred another injury not at work a good WC lawyer will fight to establish that due to your WC injury you incurred this new... View More
I found a egg shaped "game camera" just on the other side of my property pointed directly at my property.
answered on Mar 3, 2017
They can do surveillance on you however they cannot place cameras on private property without consent.
answered on Mar 9, 2017
Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on... View More
answered on Mar 8, 2017
You have to file a Workers Compensation Claim Form or there is no workers comp claim. If the treating physicians are sending the bills to you and not to the workers comp insurance carrier, you are seeing the wrong treating physicians. The Workers Compensation Claim form should be faxed to the... View More
Dr in June of 2014. I have not received anything from the workmans company about what happens next or my rights. What should have happened. Should I have been offered a settlement?
answered on Mar 9, 2017
The doctor should have given you some Impairment rating. You should be getting paid Permanent Disability Advances based on the rating of indemnity. If you did not get indemnity based on report you need to object to it and request a PQME. BUT WHAT YOU REALLY NEED IS AN ATTORNEY. Good Luck!
WC case filed 3 years ago and pending settlement. Defense is now asking for MSA when settlement will be close to 100k. I don't get SS yet and was denied but filed for a hearing. I asked my attorney's office to contact the MSA company to ask for a report saying it isn't applicable... View More
answered on Mar 9, 2017
There are a lot of other factors to consider. Your age (if you are 60 an MSA would be necessary), if you appealed denial you are pending a decision and might be eligible however if this is the case you can submit documentation that you are withdrawing your appeal decision and sign documents that... View More
Calif. case1998 retired for 4 years. Bi-lateral knee replacements with both feet incl.
answered on Jul 22, 2016
Not sure what you mean by red flags, but if you mean that you will try to get this without social security knowing, don't. Federal fraud isn't pretty, nor is state fraud. Retired doing time isn't great either. Pelican Bay isn't a seaside resort.
Why not get a free... View More
Employer insisted I see WC Dr. who prescribed Physical Therapy. The PT is working but both the Workers Comp Dr & PT is only open during my business hours. It seems there is only 1 WC Dr office in the area and appointments regularly run 1 or 2 hours late (sometimes more.) I am loosing 6 or... View More
answered on Jul 22, 2016
Contact a member of www.caoc.org who handles workers compensation cases in your area--they give free consultations.Seems to me under most state laws comp should pay you for the time (but that will be at the comp rate).
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