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Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.
answered on Jun 21, 2023
You should have hired an attorney to represent you in your workers compensation case. It’s very complex. A C&R typical says your settling all issues generally even ones that don’t apply to you directly. FYI no insurance company will ever offer you a fair and proper settlement. Why should... View More 
The compromise and release offer was made after returning to work in my official capacity almost 3 years ago. There are no stipulation stating so.
answered on Jun 19, 2023
Technically you don't but employers regularly want one signed with a compromise & release settlement and only will agree to sign it if you send them a signed resignation letter. Make sure you have a competent attorney review it because it could have additional language in there that could... View More
answered on Jun 12, 2023
You're trying to collect on a 20-yr-old prescription? no. if you closed the claim with the Compromise & RElease Agreement contract, that shut down all requests for anything from the insurer back in 2005. If you resolved using STIPUATIONS WITH REQUEST FOR AWARD, that one keeps Future... View More
i just need information how to depose a crooked attorney
answered on Jun 12, 2023
to the last attorney, she would not need a legal malpractice attorney unless the defense attorney was representing the person posting the question. If not, its not a legal malpractice attorney. In fact, in my opinion you wouldn't be able to depose the defense attorney to get information... View More
The defense lawyers had me sign a roi. Then went and subpoena for completely different things.
answered on Jun 5, 2023
I'm not clear as to what is your legal issue. Speak with a local attorney regarding your matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
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answered on Jun 1, 2023
Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... View More
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... View More
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... View More
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More
answered on May 23, 2023
If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More
answered on May 17, 2023
Your question suggests you are trying to handle your workers compensation case yourself without the assistance of an experienced workers compensation attorney. Big mistake.
You will be taken advantage of by the other side, and you will not offered anywhere near as much money as you would... View More
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More
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answered on Apr 27, 2023
If an insurance company stops paying benefits without medical validation by challenging their own doctor, this may be a violation of the terms of the insurance policy and/or state law. Insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders.... View More
Do l continue to get my biweekly benefits? After being paid for few weeks, insurance company stopped paying after challenging latest doctor diagnosis and want QME claiming permanent and stationary status!! I complied and sent the paper already yet they stopped paying me even though there is no... View More
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answered on Apr 26, 2023
If your biweekly benefits have been stopped by the insurance company after they challenged your latest doctor diagnosis and requested a Qualified Medical Examination (QME) claiming permanent and stationary status, it may impact your ability to continue receiving benefits and medical treatment.... View More
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
answered on Apr 19, 2023
The exclusive venue to deal with workplace injuries is the workers compensation system. You cannot go outside of that system under your circumstances.
If you have not done so, immediately locate and hire a workers compensation attorney. If you have one speak to him or her about this... View More
My attorney and insurance company are starting to talk final settlement for my workers comp case
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answered on Apr 1, 2023
Under California law, injured workers may be entitled to permanent disability payments if their injury results in a permanent impairment or loss of function. These payments are typically made after the worker has reached "maximum medical improvement" and are intended to compensate the... View More
I was left to suffer from hernia repair complications from infections, high WBC counts and fevers for over four years until I obtained a bacterial infection in my bloodstream
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answered on Mar 26, 2023
If you believe that the defense in your workers' compensation case tried to harm you or cause you harm, it's important to take immediate action to protect yourself.
First, you should seek medical attention to address any injuries or health issues that you are currently... View More
I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.
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answered on Mar 22, 2023
It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.
Under the Americans... View More
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
answered on Mar 17, 2023
I find this explanation very suspicious. Your Worker's Compensation claim is not filed with the insurance company, it is filed with your employer, and makes no difference which worker's comp insurance company insures the company. It is up to the employer to notify their insurance company.... View More
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answered on Mar 17, 2023
California state employees who are injured on the job may be eligible for workers' compensation benefits. Workers' compensation is a no-fault system that provides benefits to employees who are injured or become ill as a result of their job duties, regardless of who was at fault for the... View More
I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know... View More
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answered on Mar 7, 2023
If your employer has denied your workers' compensation claim, or if the workers' comp agent has failed to send you to a doctor for treatment, you may have the right to file a lawsuit against your employer or the insurance company. However, before taking any legal action, it is important... View More
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answered on Mar 3, 2023
In workers' compensation, the term "90 benefits" is not a commonly used term. It is possible that you meant to ask about "temporary total disability benefits," which are typically paid to injured workers who are unable to work due to their injury.
In general,... View More
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