The Labor Code just says 'reasonable' which is as clear as mud. The FEE DISCLOSURE FORM you signed at the outset says 9-12%. The WCAB Judges regularly award 15%. The judges in MARINA DEL REY award 18% because the rent is so much higher around that region. But it's just...Read more »
I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... Read more »
Sadly, no! There is nothing in the Labor Code that requires the Employer or INsurer to pay for the increase in residential electricity during periods of Temporary Disability. The Labor Code only requires payment for 'reasonable' treatment (which includes mileage reimbursement to the...Read more »
My last appointment where my MD told me I was at MMI was 13 days ago. I have heard nothing from him or my WC company. I looked online and it says that my return to work day was 12 days ago. When are they required to pay me my PPD in California (I thought it was 14 days)? I called the MD office... Read more »
if you went to a doctor 'in bed' with the insurance adjuster, he may be writing you have ZERO rateable Whole Person Impairment from this injury. I set a trial for one just like that today...the treating physician said the worker had permanent restrictions from her injury but no...Read more »
He didn't pay me in full when I was working with himand also didn't pay me my last check. the card was charged I didn't get to pay with cash but his card was charged 67 dollars when I called for an extension I guess they just charged me to the info he left logged in I tried canceling... Read more »
This is NOT a true 'workers compensation' matter, workers comp is for folks who fall of the ladder at work and need a back surgery. YOU have a Labor Law question, a WAGE CLAIM. Wage Claims go to the California Labor Board : https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm That is...Read more »
I went over the hours the doctor certified me with... but all the times my supervisor had approved my time off but one day my manager tells me that I'm on the FMLA abuse list cause i went over my hours. they didn't even ask me if i can provide doctors notes for the days I left early which... Read more »
There is nothing in the FMLA that talks about an FMLA Abuse List. That is an internal thing at your employer. I would surmise that what you are being told is that your employer suspects that you have taken FMLA-designated time off that it believes you were not entitled to receive. If you believe...Read more »
He is in jail awaiting trial, and im going through PTSD due to what happened and im currently not working. I have filed worker's comp, but have not heard back regarding this and its been over 1 month already.
In situations like yours it is best to get an attorney right away. You say you have PTSD. Really? Is that your diagnosis or a physician's. If a physician says PTSD, then you can probably qualify for TTD. If it is your opinion, it's worthless. You will need a medical report establishing...Read more »
One of my workers filed for unemployment last year. the unemployment office penalized me for total $1655 for unpaid tax for October - December 2018. again, clearly I had nobody on payroll on 2018. can they do that?
Assuming your business is operating in California, it is very likely you are violating the law by employing your workers as independent contractors. Look at AB5 (Assembly Bill 5) that went into effect 1/1/2020. If you’re not treating them as employees, and paying payroll taxes, WC insurance,...Read more »
AMEs are ONLY for people with a lawyer, so if this doctor is truly an Agreed Medical Evaluator, YOU have a lawyer! So tell your lawyer to schedule the final re-evaluation with the AME ASAP. THAT's why you are paying your lawyer 15% of your recovery!
I have an Attorney , I question his statements Seriously injured in 2017 . First QME report would give me lifetime disability benefits , insurance company sits on report for a year. I go back to same QME one year later , my condition worsening . 2nd report in July 2020 now gives me a rating of... Read more »
MAYBE. If there is any NEW evidence the evaluating physician would need to see to render an accurate opinion, then you have to pick a new QME. IF a Party said they planned to depose the QME when they had the records collected and they proceeded reasonably (they didn't wait 3 years before...Read more »
QME doctor issues 17% in Jan 2021. Claims admin objects to the medical determination, report, conclusions regarding causation, apportionment, disability, impairment, work restrictions and treatment. They want a supplemental report, PQME Cross-examination and to obtain additional records, etc.... Read more »
Your options are to file / serve DOR for a trial immediately. Defense has had the QME report for more than a month, it should have obtained these records BEFORE the QME saw you, and the QMEs deposition should have beend scheduled already. YOu are ready for trial for a decision on the jan. 2021...Read more »
I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... Read more »
This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved...Read more »
The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm...Read more »
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of...Read more »
My supervisor was written up for my injury and I would like a copy of the disciplinary action. How do I request this document? Can I request a copy of the workers comp insurance carriers investigation? How long does my employer or insurance carrier have to comply with my request for records? I... Read more »
You are NOT entitled to another person's personnel file, if that is what you are asking. You would be very upset if a co-worker got YOUR personnel file. Those are transactions between the employer and the worker ONLY. An 'investigation report' is prepared in anticipation of...Read more »
The Labor Code just says 'Reasonable', it doesn't limit the judge to a maximum percentage. THAT said, some WCAB judge award 18% in the 'high rent' regions, most limit it to 15%. The fee withheld is split between all the attorneys who worked on the file. If the...Read more »
I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.