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California Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for California on
Q: I was sent back to work after 2 wks of work men's comp . How long will it take to make a offer to me for my injuries.
Haleh Shekarchian
Haleh Shekarchian answered on May 20, 2020

Worker’s compensation doctors are bias and they send you back to work even though in most case they shouldn’t. The law says you have to treat with them but the law allows you to be evaluated by a neutral doctor one time to know your true disability and your true need for future treatment. Once... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I was sent back to work after 2 wks of work men's comp . How long will it take to make a offer to me for my injuries.

I been going to their Dr and therapy since March. Also how do they calculate a offer to me if they pay for my Dr Therapist medication and rides to my appointment s?

Haleh Shekarchian
Haleh Shekarchian answered on May 17, 2020

Worker’s compensation docotrs are very bias and they do return you to work even though they shouldn’t. In their final report they give you low percentage of disability and little need for future treatment. The law allows you to be evaluated by a neutral doctor to see what your true disability... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: witness affidavit question

I just asked a question. However... For upcoming Workman's comp trial coming soon...

my witness will not attend this trial! I had asked... upon this notarized witness statement..

Can this witness (arrived as I was pinned under a large erase board) witness did assist... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 15, 2020

All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My job is decideing to open back up even tho it is a recreational center for swimming. According to the directions.

We are going to be giving job duties Far outside of what are initial hired position is. If we refuse to go back we will be let go, and unemployment will be informed that we refused work, and we will then loose are unemployment eligibility for refusing work Forced upon us even tho the work is not... Read more »

Neil Pedersen
Neil Pedersen answered on May 13, 2020

In California, you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee has the absolute right to change the terms and conditions of employment, including job title and duties, at any time and... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: I am preparing a "witness affidavit" statement. I am going to have it notarized.

Upcoming Workman's Comp trial. I am the Witness and am preparing a Affidavit that will be notarized.

I did not see the object fall on this person, but I was called by cell from the injured person. I went and

found this person under a large dry erase board on top of her. I... Read more »

Ronald Mahurin
Ronald Mahurin answered on May 12, 2020

You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating

I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true....
Read more »

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1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Short term disability application : workers comp related or not.

If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?

I would rather... Read more »

Ronald Mahurin
Ronald Mahurin answered on May 4, 2020

The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: What are good reasons required for change of venue in california workers comp? I need to move 400 miles away.

I have psychological reasons: ptsd, anxiety & physical: back & knee that make travel difficult

Ronald Mahurin
Ronald Mahurin answered on May 4, 2020

All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can I get fired for taking a paid leave?

I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2020

Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for California on
Q: Do any of the new acts (CARES, etc) in place protect new mothers who just ran out of their FMLA during this crisis?

My wife and I just had a baby in February, she ran out of her FMLA last week. She's a nurse who is staying home until this passes since we have an infant at home. So she's not technically unemployed, but they're now telling her she has to pay in for her insurance. Can they do this?... Read more »

Joel Perry Glaser
Joel Perry Glaser answered on Apr 10, 2020

The question is how long has your wife been off work and is she protected by laws other than FMLA, as well as entitled to temporary disability benefits while she recovers from childbirth. I recommend you contact an employer lawyer directly.

1 Answer | Asked in Workers' Compensation for California on
Q: What should I do about a separation letter,

I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... Read more »

Ronald Mahurin
Ronald Mahurin answered on Apr 8, 2020

This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Can my job agency. Paid me to leave a job site

I work tru a job agency and its the second client i have reported for their abusive rude discriminatory behavior.. The 1st client the eeoc is gona put charges on their client... The Agency sends me to another client in which everything was fine tge client offers a hire position after 90 days or... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

The answer to your question depends on the type of harassment you experienced. Being insulted, sabotaged, put down and otherwise harassed at work is not unlawful unless you can prove the motivation for that conduct is your membership in a protected class of people or because you engaged in legally... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: I didn't file a workers comp or requested payment but workers comp want my medical information. Do I need to release it

I had a car accident no injuries or lost of work

Gary Alan Jackson
Gary Alan Jackson answered on Apr 1, 2020

if you are not claiming injuries then there is no reason to disclose medical information. Just be sure you don't have some silent pathology going on that comes to light later. getting a good medical check up perhaps with an MRI can be very helpful to ensure there is no bodily damage.

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2 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Is it stupid, legal or it makes sense and able to fight for it?

Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).

Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 22, 2020

I think you have a more basic matter with which you should be concerned, which Mr. Pedersen did not address.

All people in the State of California have been ordered to stay home, unless you work in a field which is exempt from that order. Even if you "work alone", as you say, you...
Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: I got a medical Award in 2005 - neck, back, shoulders, arms, hands.

I had problems with adjuster telling pharmacy not to give me the medication approved by medical board. Finally she gave false information to the medical board claiming most of my injuries weren't approved.

My dr didn't want to fight her anymore and I gave up around 2008 getting... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Mar 10, 2020

if you have an open California work comp award then you can return to a doctor that is on the carriers approved list, called an MPN. you simply as the adjuster for the on line link to the list and find a doctor and ask the adjuster to send an authorization letter to the doctor which the adjuster... Read more »

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2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: California worker’s compensation question regarding law enforcement

I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled

Ronald Mahurin
Ronald Mahurin answered on Feb 22, 2020

yes

1 Answer | Asked in Workers' Compensation for California on
Q: At a c/r settlement hearing they brought a totally different contract that i signed but didnt realize all of the errors

the facts of my injuries were of another person same name employeer simular injuries and hipaa problems

Nancy J. Wallace
Nancy J. Wallace answered on Feb 19, 2020

If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: What can I do if my job refuses to give security to us when theres a history of sexual abuse and theft on employees?

Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Feb 17, 2020

Wow very sorry to hear of these events in your work place. you have a valid work injury claim for stress in the work place from witnessing violent events. you should also file a complaint with the Dept of fair employment and housing for unsafe work place.

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1 Answer | Asked in Workers' Compensation for California on
Q: what if your attorney doesnt attend dismissal hearings
Ronald Mahurin
Ronald Mahurin answered on Feb 6, 2020

If you are dismissing your attorney, why would the attorney attend?

Q: Do I have to use sick/vacation days if I don't wish too?[sick or not]if I call out ill I am forced too,now

for 12 years I had to meet strict guidelines of how I used or didn't use paid time off,I was not compelled to use my time if I choose not too,save it,use it I decided I was not forced too, even if I called out ill, I still decided if it was used or not...on my behalf, paid or not paid........

Louis George Fazzi
Louis George Fazzi answered on Feb 6, 2020

Your employer cannot compel, or force, you to use your vacation time if you are otherwise entitled to sick leave. Vacation time is yours, and you cannot be compelled to use it for anything other than vacation time. If you get sick, then use your sick time. That is what it is for.

Having...
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