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Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.
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answered on Feb 29, 2024
In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More 
Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More
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answered on Feb 29, 2024
In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More
My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More
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answered on Feb 27, 2024
To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More
answered on Feb 27, 2024
Sure you can apply. Depending on how much you are receiving in workers' compensation, you may or may not be financially eligible.
"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More
answered on Feb 26, 2024
Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.
If your... View More
I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More
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answered on Feb 26, 2024
In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More
answered on Feb 24, 2024
It means that changes may have been made from the original Notice of Compensation Payable. Read it and compare it with prior Notices received. The Amended Notice may not contain any changes, but it is better to carefully review just in case.
If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More
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answered on Feb 24, 2024
In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More
answered on Feb 26, 2024
The short answer is probably yes, especially if you or your lawyer never asked for a witness list. There is no requirement that a witness is subpoenaed, they can be walked in as long as the ALJ agrees there is enough time or a supplemental hearing can be scheduled
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More
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answered on Feb 22, 2024
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More
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answered on Feb 20, 2024
If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More
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answered on Feb 20, 2024
If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 19, 2024
First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.
In your reasonable accommodation letter, you should provide all the... View More
First job I started in November and quit mid December still have not been paid I'm in contact with the boss but keep getting the run around. Second job I started in January worked for three and half days and was fired for informing the boss I'd be eventually be putting in my two weeks... View More
answered on Feb 12, 2024
Good afternoon. You are on a question page for workers' compensation cases, claims for benefits related to a work injury. You are describing a basic employment, wage and hour, issue. You should ask your same question to a different group of lawyers at Justia, specifically under a category for... View More
I don't have more info
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answered on Feb 23, 2024
It sounds like you're unsure about whether you'll be compensated for your contributions to a multimedia project. Without more information about the nature of your involvement and any agreements or contracts in place, it's difficult to determine whether you're entitled to... View More
Hello my work comp case is closed (settled with an attorney earlier this year), but I was given permanent work restrictions. My previous employer won't hire me unless I get those removed. My work comp doctor won't see me since the case is closed and my primary doctor said he can't do... View More
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answered on Mar 5, 2024
Your best bet is a new FCE. Your primary care can actually modify your work restrictions. You might try going to a different doctor.
Keep in mind that your previous employer is under no obligation to rehire you.
Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past
66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More
Making $1,000.00 per week. Paid $666.66 TTD per week. After 2 years.. 4661.5 kicks in. Can TTD now include the COLA based on SAWW? Even if it passes the original 66.66% ? Or is $666.66 always the maximum and 4661.5 ignored. Can find nothing on this.
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3rds percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs) mandated by Labor Code §4661.5.
Specifically,... View More
It is about incident happen last year April I got the footage of the incident so I think this incident is a very serious matter I do not want to go viral with it I need a lawyer to talk to before I do what I have to do thank you
answered on Feb 8, 2024
If you want some direction, you will need to provide more information. Most importantly, what type of incident was it?
I was making $1,000 a week and injured. California Claim. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA... View More
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answered on Feb 22, 2024
Based on the information provided, it seems there is some ambiguity around whether the 13% COLA should have been applied in this case. Some key points:
- In California workers' comp, temporary disability (TTD) benefits are capped at 66 2/3% of the employee's average weekly wages... View More
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