California Workers' Compensation Questions & Answers

Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary

1 Answer | Asked in Workers' Compensation for California on
Answered on Apr 11, 2019
Nancy J. Wallace's answer
It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently modified job. If he wrote something inaccurate or untrue or left out body parts or problems, you object and get a Qualified Medical Evaluation -- QME -- with a better doctor. and because you have no...

Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for California on
Answered on Apr 4, 2019
Neil Pedersen's answer
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...

Q: Petition of Joinder

3 Answers | Asked in Workers' Compensation for California on
Answered on Mar 31, 2019
Nancy J. Wallace's answer
If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to prove the injury did occur on the job as you have claimed, and that typically requires a Qualified Medical Evaluation. Joining another employer does NOT start a claim 'over', nothing ever starts a...

Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 24, 2019
Domingo Castillo Jr's answer
I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!

Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 24, 2019
Ronald Mahurin's answer
Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.

Q: When should you be offered regular part time?

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Answered on Mar 15, 2019
Neil Pedersen's answer
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....

Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on

2 Answers | Asked in Workers' Compensation for California on
Answered on Mar 7, 2019
Dr. Peter Marc Schaeffer Esq.'s answer
This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since 2013.

Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Answered on Mar 5, 2019
William John Light's answer
If you already have an attorney, it would be unethical for other attorneys to communicate with you about your case. If you don't trust your attorney, you should get another one.

Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

2 Answers | Asked in Workers' Compensation for California on
Answered on Feb 25, 2019
Nancy J. Wallace's answer
Nope, unless you gave written notice to the employer BEFORE YOU LEFT that you had an injury to both wrists from repetitive overuse. The Statute of Limitations requires you provide notice to the employer of an industrial injury within ONE YEAR of the exposure/insult/injury. You indicated this ended in 2015, so you had until the date prior to the exit anniversary to file in 2016. It's 2019. Missed it by 3 years.

I had a client, non-English speaking, tore up his ankle tendons, asked...

Q: How long will it take to get benefits if the insurance carrier no longer want to go to trial?

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 20, 2019
Nancy J. Wallace's answer
You should never, ever 'expect' TTD. If you are not receiving it, you want the judge to order TTD to be paid from a certain date in the past and continuing. Without a judge's order, expect absolutely nothing.

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

2 Answers | Asked in Workers' Compensation for California on
Answered on Feb 7, 2019
Ronald Mahurin's answer
1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Q: what is the interest rate on retro TD and PD and does LC5814 apply

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 30, 2019
Ronald Mahurin's answer
Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.

A 10% penalty on payments is required to be made by the carrier without request for late payments of TD.

On PD you would only be entitled to payments if your rating is high enough to generate payments...

Q: Should I subpoena the defense’s witness?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 29, 2019
Ronald Mahurin's answer
Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not listed and has not been served, then it cannot be used at trial.

No, don't subpoena defendant's witnesses. Write a letter requesting a copy of the report. If it is not produced, object to it's use as...

Q: What type of petition do you need to release funds in at workers comp MSA California? is there a title form number?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 28, 2019
Ronald Mahurin's answer
You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical treatment is minimal, which means it is not worth much money

I believe you are suggesting a Compromise and Release where the insurance carrier buys out your claim completely. It is common, but...

Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 27, 2019
Ronald Mahurin's answer
No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: Is it common for Defense attorney to list an attorney lien in pre-trial statement?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 24, 2019
Ronald Mahurin's answer
It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other factors.

It is not unusual for an attorney to say no to a client who comes in for an intake interview and starts complaining that the WCJ is a liar and the former attorney was incompetent. The risk...

Q: Where can I find records of a judge’s decisions and when he has worked with previously?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 23, 2019
Ronald Mahurin's answer
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes...

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

3 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

Q: Im having issuese with pay and placement with the security company called securitas in los angeles

3 Answers | Asked in Employment Discrimination, Employment Law, Securities Law and Workers' Compensation for California on
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.

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.