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California Workers' Compensation Questions & Answers
2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Last employer failed to comply with OSHA laws. I am now suffering from migrating metal in body after MRI. Case?

Last employer failed to comply with osha guidelines in many areas. By not having protective shields on grinders I am now experiencing painful side effects from having an MRI done almost a year after being released from duties. Metal shavings are migrating in my skin and face. When multiple... Read more »

Alex Sliheet
Alex Sliheet answered on Oct 25, 2020

So the MRI was for something else.

What did the doctor say regarding the migration of metal

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Last employer failed to comply with OSHA laws. I am now suffering from migrating metal in body after MRI. Case?

Last employer failed to comply with osha guidelines in many areas. By not having protective shields on grinders I am now experiencing painful side effects from having an MRI done almost a year after being released from duties. Metal shavings are migrating in my skin and face. When multiple... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

Although workers' compensation is not included in your categories, you may want to consider reaching out to a California WC attorney without further delay, as you state that almost a year has elapsed, and what you describe appears to have a connection to the course of employment. Also consider... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: QME form

After filling 2 QME forms I sent one to my adjuster and the second to the state compensation places, and this is because my adjuster closed my case because Concentra gave me a zero impairment rating, now I called my adjuster today to confirm he got the mail but could not answer his phone, but the... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Oct 21, 2020

you should consult and obtain a workers compensation attorney to assist you with your work injury case. it is a complicated system. you may not want a PQME just because you dont like the reporting of the PTP. you may want a new PTP. it costs nothing out of pocket to hire a work comp attorney to... Read more »

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2 Answers | Asked in Workers' Compensation and Health Care Law for California on
Q: disability lawyer wants to hire me to provide a medical opinion on denied disability cases

I am a nurse practitioner, interviewed with a lawyer that is representing patients whose disability claims that were denied and the claimant is seeking an appeal. The role consists of reviewing the medical records that are available and giving a medical opinion as likely course of your medical... Read more »

Joseph Alan Hernandez
Joseph Alan Hernandez answered on Oct 19, 2020

To Whom it May concern:

Whether your license would be at risk is something you would have to talk with your guild about but Nurse Case Managers are often used by the Defense to coordinate the treatment and arrange for diagnostic testing. The nurse case managers are generally not rendering a...
Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: QME FORM

Hi Guys, I called my adjuster to request a QME form after finding out that my evaluation rating from concentra was zero but as usual the adjuster never replied. So I went online and found the form, I was wondering if and individual involved in the claim can fill this form, I already talk to a... Read more »

Haleh Shekarchian
Haleh Shekarchian answered on Oct 19, 2020

You could fill out the form but I suggest you consult an attorney when striking the names of the doctors as that is very crucial. You can contact anyone of us on Justia for a free consultation.

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3 Answers | Asked in Workers' Compensation for California on
Q: workers comp- Cant get hold of my adjuster and his supervisor but apparently the case has been closed

My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Oct 16, 2020

First, your case is plenty 'ripe', scrap that lawyer and get a real lawyer, who needs to rush you far, FAR AWAY from concentra hacks. Next, adjusters blow off people on the phone. Concentra doctors routinely write that patient fully recovered with zero permanent disability and zero need... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I gotta settlement 20 years I e settled for a amount but not the whole thing they held back some of it for future

They held some back can I get the rest of the settlement since I never used it L

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Recommend you contact a local attorney dealing in Worker's compensation cases and take all your paperwork to them for review and advice.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Workers' Compensation for California on
Q: Do I HAVE to release my medical records for my worker's comp claim?

I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... Read more »

Haleh Shekarchian
Haleh Shekarchian answered on Sep 27, 2020

The worker’s compensation insurance carrier wants to get your prior medical records to see if you had injured the same body part before. They should subpoena any records they need. You don’t need to sign the medical release forms. You should consult with anyone of us on Justia for a free... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back

Haleh Shekarchian
Haleh Shekarchian answered on Sep 16, 2020

You should make an appointment to meet with your attorney and ask him to explain why nothing is happening or you can consult anyone of us on AVVO for a free consultation.

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2 Answers | Asked in Workers' Compensation for California on
Q: If a person has an open worker’s comp claim can your company let you go for good without completing the claim?

Person works for the airline industry and is being let go as part of airline cutbacks.

Nancy J. Wallace
Nancy J. Wallace answered on Sep 14, 2020

Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: I sustained a work injury and I went to the doctor he sent me back with restrictions job can't accommodate i was put on

Oc leave i don't know what that is or if i will be paid

Haleh Shekarchian
Haleh Shekarchian answered on Sep 9, 2020

If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.

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1 Answer | Asked in Workers' Compensation for California on
Q: I won my case after 4 1/2 years I was awarded back money and expect the remainder by check twice a month.

how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?

Nancy J. Wallace
Nancy J. Wallace answered on Aug 21, 2020

Sorry, from just this, nobody can know.

Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.

Did a WCAB Judge make a Finding and Order that you have a certain percentage...
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2 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: Is my employer retaliating and/or discriminating against me?

March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Filed a wage claim For owed overtime wages through labor board, and now ex employer wants to settle by paying me $3000.

She is thinking of filing for bankruptcy, should I settle or is there another way to get what I’m owed?

Maurice Mandel II
Maurice Mandel II answered on Aug 13, 2020

If your former employer is really considering filing for BK, the quicker you get the money in your bank, the better off you will be. Cannot evaluate the claim because you did not say how much you asked LC for. The LC claim could become just another claim in BK and you would get a fraction of its... Read more »

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1 Answer | Asked in Immigration Law and Workers' Compensation for California on
Q: Immigration and workers comp

My mother who is an immigrant and an employee of a company where she works as a farm worker in California, was recently put on workers comp due to her having nausea and dizziness that made it unsafe for her to work. after getting the OK from her doctor to go back to work, she went to the main... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Aug 12, 2020

Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Getting paid less then new hires that I have to train. Is it legal?

I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that? I am 45... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It is generally not unlawful to pay newer employees more money than those with more seniority. Seniority has no power or priority unless you are in a union environment.

However it is unlawful to be treated poorly because of your race, or age over 40, or other membership in a protected...
Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: I was at a hotel for company business, I used the spa/pool. When leaving the spa to use the pool I slipped and fell

Face forward down the steps. My employer stated this was not a workers comp case since being at the hotel “ was like being at home and I was involved in a leisurely activity”.

Nancy J. Wallace
Nancy J. Wallace answered on Jul 31, 2020

Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: A workman's comp doctor just MMI me based on an 18 percentage with stipulations of no bending lifting more than 10 lbs

Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jul 24, 2020

you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15%... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: My wc claim was denied at day 92. Decision date was set for 8th and the response letter was dated 10th.

What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.

Nancy J. Wallace
Nancy J. Wallace answered on Jul 21, 2020

To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know... Read more »

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3 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I won my workers comp case after 2 yrs. & need to pursue the 132a that was filed. My lawyer doesn't handle 132a.

I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.

Neil Pedersen
Neil Pedersen answered on Jul 19, 2020

132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be... Read more »

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