California Workers' Compensation Questions & Answers
Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.
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.
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
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...
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?
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...
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?
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...
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
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.
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
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....
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?
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...
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?
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...
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
2 Answers
| Asked
in
Employment Discrimination, Employment Law and Workers' Compensation
for
California
on
Answered on Jan 22, 2019
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.
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
2 Answers
| Asked
in
Employment Discrimination, Employment Law, Securities Law and Workers' Compensation
for
California
on
Answered on Jan 21, 2019
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.
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.
Q: Can an accepted workers comp claim get denied after the qme reports says my injury arose from the course of employment?
Ronald Mahurin's answer
this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.
this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.
Q: how does COLA apply to life pension at 75% disability rating ?
2 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Steven James Foster's answer
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Q: I am currently involved in a lawsuit regarding workers compensation. Will the lump sum be taxable?
Q: I want to know if the insurance co in a ca workers comp case can deduct from award child support that I had paid from
Dr. Peter Marc Schaeffer Esq.'s answer
On the surface it makes no sense if the case was closed ... so.. follow up with the child support agency and get a paid in full statement that there is no basis for any further payments to be made to them... then take that to the court with the settlement documents (if you have a lawyer have your lawyer do it for you and send a copy to the adjuster).
On the surface it makes no sense if the case was closed ... so.. follow up with the child support agency and get a paid in full statement that there is no basis for any further payments to be made to them... then take that to the court with the settlement documents (if you have a lawyer have your lawyer do it for you and send a copy to the adjuster).
Q: I returned to work and my injury was recurfour days later. If I leave this employer will I lose my workers comp benefits
Ronald Mahurin's answer
Not if you file a claim for benefits before you leave. If you file after you leave, there will be additional problems relating to the fact that you are no longer with the employer.
File a DWC-1 form. Have the employer sign it and give you a copy. Then your workers compensation benefits will be protected.
Not if you file a claim for benefits before you leave. If you file after you leave, there will be additional problems relating to the fact that you are no longer with the employer.
File a DWC-1 form. Have the employer sign it and give you a copy. Then your workers compensation benefits will be protected.
Q: I have suffered a psychiatric stress injury in California and I’m not sure if it’s worth filing a claim.What is it worth
Nancy J. Wallace's answer
Sorry to be the bearer of bad news, but given these particular facts, this claim is worth zero (possibly 'nuisance value' of maybe $2,500). A claim must be filed within one year of knowledge of work-related disability. I think your narrative says you started Klonopin as a direct result of work events in 2017. THAT means you had to present the Workers Compensation Claim Form OR give formal notice of an on-the-job injury to the employer in 2018. It's 2019, so you it looks like you sat on...
Sorry to be the bearer of bad news, but given these particular facts, this claim is worth zero (possibly 'nuisance value' of maybe $2,500). A claim must be filed within one year of knowledge of work-related disability. I think your narrative says you started Klonopin as a direct result of work events in 2017. THAT means you had to present the Workers Compensation Claim Form OR give formal notice of an on-the-job injury to the employer in 2018. It's 2019, so you it looks like you sat on...
Q: Does the judge decides on what is argued at an expedited hearing and and msc hearing?
Nancy J. Wallace's answer
I'm getting DejaVu, I've read this story at least 3 times!! YES, if the judge is being asked to decide on issues beyond those permitted in an Expedited, then YES the judge can decide this needs to be heard at a regular trial instead of an Expedited. If you believe the judge had sufficient evidence to issue a decision on TTD alone and the judge indicated she would not do so, your remedy was to immediately file a Petition for Removal and put in the 'irreparable harm' that would transpire if...
I'm getting DejaVu, I've read this story at least 3 times!! YES, if the judge is being asked to decide on issues beyond those permitted in an Expedited, then YES the judge can decide this needs to be heard at a regular trial instead of an Expedited. If you believe the judge had sufficient evidence to issue a decision on TTD alone and the judge indicated she would not do so, your remedy was to immediately file a Petition for Removal and put in the 'irreparable harm' that would transpire if...
Q: How can I formally dismiss my attorney that claim was awarded in wcab? He is causing me so much trouble because I want a
Nancy J. Wallace's answer
There is a standard NOTICE OF DISMISSAL form. Just sending it to your lawyer isn't sufficient. You have to send a Copy of the Notice of Dismissal to the Insurer, the Defense Attorney and the Attorney with a Proof of Service by Mail. THEN you have to prepare the Document Cover and Divider Sheet for a filing at the WCAB and get the Notice of Dismissal plus that Proof Of Service By Mail with the Cover Sheet and Form Divider to the right WCAB Office for filing. SMart people go into the WCAB...
There is a standard NOTICE OF DISMISSAL form. Just sending it to your lawyer isn't sufficient. You have to send a Copy of the Notice of Dismissal to the Insurer, the Defense Attorney and the Attorney with a Proof of Service by Mail. THEN you have to prepare the Document Cover and Divider Sheet for a filing at the WCAB and get the Notice of Dismissal plus that Proof Of Service By Mail with the Cover Sheet and Form Divider to the right WCAB Office for filing. SMart people go into the WCAB...
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