California Workers' Compensation Questions & Answers
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.
I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one
It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.
If the issue is a denial of the injuries, then you should be... Read more »
Q: Can I add my previous work related injury to my other work related injury workers comp case?
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... Read more »
Since you did report the injury at the time of the fall, the employer should have provided you the claim form and process your injury claim.
We could try to add the injury claim with your back claim, and the settlement appears low when you report that you have two herniated discs. If... Read more »
Q: Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... Read more »
A workers compensation attorney.
Q: I had a mri last September. When the results came back, my wc doctor was on a month vacation, so I had to wait for his
return. He read the MRI results and then submitted it to the WC Insurance company to respond, if it was accepted or rejected. I got NO reply/response from the insurance company for SIX more months. It was declined for surgery. It stated on the report that they (insurance co) did NOT receive it... Read more »
Five (5) business days. Something else is going on. If you can prove the insurance company received the request from your doctor and did not respond within. Five business days you should be able to get the surgery authorization.
Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave)Now no answers.
I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »
Q: I'm trying to find which case in the Workers' Comp. Appeals Bd
ether in Eyad as a strict American Medical Association (AMA) Guides rating of 58%, after the principles set forth in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal. App. 4th 808, 75 Cal. Comp. Cases 837 and Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.... Read more »
Both of the cases you are looking for are available through google by name, or on the DIR/WCAB list of important cases.
Q: I’ve been working at Ross for 10 years now and am getting paid $1 more than a new employee. I haven’t received my annua
I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... Read more »
Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the... Read more »
Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »
You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.
Q: What can workers comp do for me after I’ve been terminated? Employer submitted my form after my termination.
If you were hurt before you were terminated and the employer had knowledge, then you should have no problem proceeding with a WC claim. If you employer was not aware of your injury until after you were terminated, then a new set of rules apply. Generally for this type of case you will need an... Read more »
Q: The phrase “without regard to its conflicts of law provisions” may be looked over by the contracting party?
“The validity of this authorization is governed by and construed in accordance with the laws of the State of Illinois...”
I am in California the defendant parties will not respond when asking if they can investigate whether my signature or original or if it was done without my... Read more »
this is listed as a WC question which i do not do.
I think you have to set up an appt with an attorney close to where you reside to see if the facts will warrant jurisdiction and a filing there.
otherwise, you may be forced to deal with Illinois law.
Q: For temp disability benefits. If I didnt work barely an of the 52 week prior can the calculate my income another way
Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be... Read more »
Q: In a WC case, can the defendant party deny me appearing for my deposition by remote or electronic means?
I have a desire to appear by either telephone or by remote or electronic means for a deposition
The judge doesn’t seem to have a problem with it, since I can get a recommendation from my clinical treating therapist or get ADA accomodations.
The representing attorney said it was... Read more »
more info needed.
you need to ask this in a Workers Comp forum...this is a PI forum.
most WC lawyers will give you a free consultation and if you are in the middle of a claim and do not have a lawyer..........shame on you.
Q: Any options when workman comp administrator not following court settlement?
We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his appointments,... Read more »
more info needed
if you had a WC attorney (and you should have had one), then ask him or her.
if not consult with a WC atty.............this is a criminal atty and PI forum
Q: I live in CA. I am not represented. What would be the appropriate DWC forms to address the following?
* FORMS TO FILE PROTECTIVE ORDERS
* SEAL MEDICAL RECORDS
* FORMS TO FILE OBJECTIONS
* FORMS TO FILE SANCTIONS
* INFORMATION ON SUSPENSION OF DEPOSITIONS
* FORMS TO MAKE A REQUEST FOR REIMBURSEMENT FOR MILAGE, EXPENSES, TTD OR PAST DUE WAGES & JOB DISPLACEMENT... Read more »
Get a workers comp attorney for your case, or pay for a full consultation on how to address the issues you raise. This forum is not for detailed, free advice on how to litigate your case.
Q: Am I entitled to TTD benefits if the QME reported 3X I was TTD and could not return to work under no circumstances?
My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... Read more »
MORE INFO NEEDED.
YOU ARE ASKING THIS QUESTION IN A CRIMINAL LAW FORUM.
IT SOUNDS LIKE A WORKERS COMP MATTER AND MOST LAWYERS THAT HANDLE WC WILL GIVE YOU A FREE CONSULTATION.
Q: Hello.In WC case, Is there a statue of limitations on defendant party to seek discovery?
If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... Read more »
At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close... Read more »
Q: how far back can a workers comp case go? Injured and treated in late 80s, never closed case.
ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.
Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult
Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific... Read more »
Q: Old injury in 1900; Continuous trauma (Surgeries) Whic h rating is legal? 1995 or AMA 5th edition
herniated lumbar disc in 1990 ; no treatment until 2000; 5 surgeries; laborer permanently disabled
It all depends upon what the medical records say about permanent disability prior to April 2004. If there is a statement that you were going to have permanent disability prior to April 2004, then old schedule. If TTD notice sent prior to April 2004 then old schedule. If PQME provides permanent... Read more »
Q: My question is about workers compensation in California.
My husband's employer's TPA and UR personnel, and the state's IMR all denied him medical treatment requested by his orthopedic surgeon. Now they have informed him that since he was denied treatment he has to wait one year before his doctor can submit another request for treatment. A year is way too... Read more »
1) Your husband does not need to wait a year for the requested treatment if the Treating Physician submits a new Treatment Request (RFA) citing different reasons why the treatment is necessary or if circumstances have changed substantially.
2) As for the billing, your husband can always... Read more »
Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.
Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification
You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other... Read more »
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