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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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?
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 »
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
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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?
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 »
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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