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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: A work accident in 2015 resulted in injuries to my head (TBI), back, neck and jaw. The insurance co. ended my TD early

In 2016 my head injury was declared permanent and stationary but my back injury was not declared permanent and stationary until after a surgery and rehab in 2019. The insurance company ended my temp disability in 2016 and started giving me permanent disability, but shouldn't TD have continued... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Nov 22, 2021

you can actually receive more than 104 weeks in limited circumstances, if your injury is very serious. A head trauma certainly can be very serious. and you are correct that you are entitled to TTD, up to the legal limit, until you are no longer TTD. so if you body part is P&S but another is... Read more »

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... Read more »

Brad S Kane
Brad S Kane answered on Oct 28, 2021

While it is true that personal injury claims generally have a 2 year statute of limitations. Unfortunately, to bring tort claims against the government or its subdivisions, you are also required to give notice of your client within 6 months. Otherwise, you claim is time barred.

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1 Answer | Asked in Workers' Compensation for California on
Q: How many years can I go back on a workers comp. claim. I never received a closed claim letter in Seattle WA..

The investigation was found in my favor by their investigator .

Nancy J. Wallace
Nancy J. Wallace answered on Oct 21, 2021

There is no code section requiring any 'closed claim' letter. If "go back" means to appeal a judge's decision at trial, you had 20 days from date the decision was mailed out. If this was a settlement you signed, you had 25 days from the date the judge's Order... Read more »

3 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for California on
Q: An event coordinator made my server dig through the garbage despite covid. I want to pursue this.

An event coordinator made my server dig through the garbage despite covid. I asked her where the trash was to be put, she said over there and pointed to a trash barrel While server food to guests she came and got my server and he had to dig in trash where people are throwing their dirty plates and... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Oct 19, 2021

Was this 'coordinator' the Employer/Supervisor of the server redirected to the trash? If not, this worker should have declined; if he becomes ill, he can pursue a Personal Injury claim against the Coordinator. If there IS an employment relationship between the Coordinator and the... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

Domingo R. Castillo
Domingo R. Castillo answered on Oct 19, 2021

You can limit the information that the insurance carrier obtains and restrict any and all psychological treatment or med care. This also is an opportunity to reflect and review all prior injuries that may have occurred at your job. Unfortunately most insurance companies will look for any reason to... Read more »

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1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I would like to talk to A attorney It's about sewing a company that I'm with

I was checking out reviews from Angie list and home adviser and I've been waiting for a year and I've been here since things about them and I'm making leads that wasn't real and I'm out of a lot of money and I just want to know am I the only one

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

First, this is not Worker's Comp- WC deals with injuries at work. You should post in Employment law so the right attorneys see your post. You don't provide enough information to evaluate your situation. Is this a wage issue? Harassment? I suggest you should contact a local attorney to... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: The Settlement of $20,000 means that we are paying $3480 of the Permanent Disability to your mom’s knee plus $16,520.

Please help me understand in simple terms? What money is she getting at the end

Ronald Mahurin
Ronald Mahurin answered on Sep 1, 2021

I regret to say that your question cannot be answered without more information. The obvious explanation is that defendants are paying a remainder of permanent disability in a lump sum of $3480 and about $16,000 to close out future medical treatment, but again I cannot say without more information.

1 Answer | Asked in Workers' Compensation for California on
Q: Work comp doc put me on full duty trial, employer won't let me return. Am still in pain, doc says can't help anymore?

Sorry about my question was trying to fit it all in these boxes. I suffered a neck sprain at work over a month ago. I have been out of work since, my employer would not accommodate my restrictions which I understand they have a right to. Now my employer says I can not return bcuz I am still... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Aug 24, 2021

You're in PHOENIX? I can only answer for CALIFORNIA workers comp claims. The SMART solution is to change Primary Treating PHysicians to one who is only your side instead of 'in bed' with the insurance company. IF the doctor you are with now already wrote "MMI" then... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Is there a law stating the max attorney fees for workers comp cases in CA? I've read 15% one lawyer is asking 18%
Nancy J. Wallace
Nancy J. Wallace answered on Jul 19, 2021

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 »

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Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

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 »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can we claim the price/usage increase compared to our average electric bill?

My husband broke his right ankle at work. He is now home 24/7. Our electric bill has gone up because he is home.

Nancy J. Wallace
Nancy J. Wallace answered on Jun 21, 2021

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 »

1 Answer | Asked in Workers' Compensation for California on
Q: When do I start getting PPD?

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 »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 9, 2021

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 »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
Read more »

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4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
Tristan Brown answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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1 Answer | Asked in Workers' Compensation for California on
Q: I was working for a person they were late on my pay so they put in their credit information on my Phone to pay it

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 »

Nancy J. Wallace
Nancy J. Wallace answered on May 31, 2021

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 »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: regarding FMLA.. my employer is saying I'm on the FMLA abuse list one day. because i went over the certified hours

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 »

Neil Pedersen
Neil Pedersen answered on May 22, 2021

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 »

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1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for California on
Q: I was assaulted at work by a co worker with a box cutter, i would like to know what my legal option are.

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.

Ronald Mahurin
Ronald Mahurin answered on May 18, 2021

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 »

2 Answers | Asked in Business Law and Workers' Compensation for California on
Q: I have a small solar business. My workers are on 1099, I am the only one on payroll.

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?

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Apr 19, 2021

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 »

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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Nancy J. Wallace
Nancy J. Wallace answered on Mar 2, 2021

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!

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