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California Workers' Compensation Questions & Answers
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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1 Answer | Asked in Workers' Compensation for California on
Q: Can 2 QME reports Along with Supplemental Reports last One Done July 2020 Be Stricken Because Dr died ?

I have an Attorney , I question his statements Seriously injured in 2017 . First QME report would give me lifetime disability benefits , insurance company sits on report for a year. I go back to same QME one year later , my condition worsening . 2nd report in July 2020 now gives me a rating of... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 1, 2021

MAYBE. If there is any NEW evidence the evaluating physician would need to see to render an accurate opinion, then you have to pick a new QME. IF a Party said they planned to depose the QME when they had the records collected and they proceeded reasonably (they didn't wait 3 years before... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Injured at work 09/09 2019. Had a surgery 01/22/2020. Treating doctor (also the surgeon) issues 2% WPI in Aug 2020.

QME doctor issues 17% in Jan 2021. Claims admin objects to the medical determination, report, conclusions regarding causation, apportionment, disability, impairment, work restrictions and treatment. They want a supplemental report, PQME Cross-examination and to obtain additional records, etc.... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 20, 2021

Your options are to file / serve DOR for a trial immediately. Defense has had the QME report for more than a month, it should have obtained these records BEFORE the QME saw you, and the QMEs deposition should have beend scheduled already. YOu are ready for trial for a decision on the jan. 2021... Read more »

1 Answer | Asked in Workers' Compensation and Construction Law for California on
Q: I was trying to service an ac unit on the 2nd roof of a townhouse a roof tile broke under my ladder, broke my ankle

I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 20, 2021

This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: How far in advance do I need to inform my staff that there will be no work for the day and they do not need to come in?

I am putting together a S.O.P for our company about calling off the staff due to light work load, how far in advance do I need to let them know?

Neil Pedersen
Neil Pedersen answered on Feb 19, 2021

The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: We have received payment for QME and Supp. report only by DOR, now we are requesting self-imposed P & I.

We have an order from a judge and still nothing for P&I which is over 4k (worth going after).

Tim Rose
Tim Rose answered on Feb 15, 2021

I don't see a question there, but Nancy Wallace can probably help you out in CA https://lawyers.justia.com/lawyer/nancy-j-wallace-1486668

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: What information do I have a right to request during a workers comp investigation and how long do they have to comply?

My supervisor was written up for my injury and I would like a copy of the disciplinary action. How do I request this document? Can I request a copy of the workers comp insurance carriers investigation? How long does my employer or insurance carrier have to comply with my request for records? I... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 1, 2021

You are NOT entitled to another person's personnel file, if that is what you are asking. You would be very upset if a co-worker got YOUR personnel file. Those are transactions between the employer and the worker ONLY. An 'investigation report' is prepared in anticipation of... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Maximum percentage of attorney fee that could be taken out of settlement with two liens on the case.

Hi,

1) What is the maximum percentage from the settlement amount that a a judge could award to each attorney, if there were TWO liens for attorney fees on the case?

2) Is any law or code in this regard in workers comp system and if yes what is that code?

3) If an attorney... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jan 5, 2021

The Labor Code just says 'Reasonable', it doesn't limit the judge to a maximum percentage. THAT said, some WCAB judge award 18% in the 'high rent' regions, most limit it to 15%. The fee withheld is split between all the attorneys who worked on the file. If the... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Trial scheduled for disputed attorney fees.

Hi,

I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 4, 2021

1) If the WCJ believes testimony is needed, then there will be a court reporter, otherwise most everything will be done in the WCJ chambers.

2) Yes you have all the rights available with respect to any trial result.

The attorney is entitled to payment Quantum Merit. That means...
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1 Answer | Asked in Workers' Compensation for California on
Q: Hello, I went to a deposition and did not receive a copy. What happens after 30 days?

I was informed that I must go over it and sign it in order for it to be valid and used in court. What happens after 30 days? Does it expire? Do I have to do another deposition?

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

You really need to remind your attorney to send you the transcript ASAP. At the end of the proceeding, the attorneys agreed to a certain number of days AFTER RECEIPT of the transcript for you to review the transcript and submit any changes. Did your attorney get your transcript? They should have... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: Hello, Is there a deadline for submitting mileage paperwork for California Workers Comp case?
Steven James Foster
Steven James Foster answered on Dec 10, 2020

There is no deadline as long as your case is open. Also, it is easier to get reimbursed for mileage the closer it is submitted to the actual appointment.

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3 Answers | Asked in Workers' Compensation for California on
Q: I'm going through Work Comp now to deal with my carpal tunnel. I have had visits w/ a Dr. prior trying to avoid WC.

WC now wants my med. records. How far back am I required to realease? Have I damaged my case w/ WC by trying to deal with it privately before? I had heard horror stories about WC and didn't want to have that experience. Thank you.

Gary Alan Jackson
Gary Alan Jackson answered on Dec 1, 2020

the answer is a reasonable time. its best to consult with an experienced work comp attorney and hire one to represent you and help you through the process. it costs nothing out of pocket and fees are limited to 15% of the settlement amount. its well worth it to have a professional by your side and... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Please help with choosing a doctor I received my panel

F

Ronald Mahurin
Ronald Mahurin answered on Nov 30, 2020

I cannot do anything without their names

Ron Mahurin

Northerworkerscomp.com

2 Answers | Asked in Workers' Compensation for California on
Q: How do you write a settlement demand letter?

I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .

Gary Alan Jackson
Gary Alan Jackson answered on Nov 20, 2020

we handle a large volume of SIBTF cases. unfortunately to answer that question would take an entire seminar of between 10 to 30 hours of instruction. SIBTF is great and very valuable but very complicated. you will need to have SIF doctors most likley in multiple specialties to address and issues... Read more »

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: If i had a stroke which resulted in a brain anurism, can i get compensation from the company?

I feel i was made torn to work harder than most employees purposely on a daily basis and i also talked to company personel about feeling like this and possible solutions. I have also relayed this to fellow employees i directly work with and they also see my reasoning for feeling singled out.

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2020

each case rises or sinks on the specific info for that case.

I assume you are talking about filing a worker's compensation case against your employer. If so you need to make an appointment with a WC lawyer.

They will want to know what EVIDENCE you have to support your...
Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Dismissed Attorney fee dispute held in trust account after an Approved C&R.

Hi,

Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... Read more »

Ronald Mahurin
Ronald Mahurin answered on Nov 16, 2020

By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case.... Read more »

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Special Employment - Joint Responsibility

If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or do I implicitly accept liability of the employer of the staff of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

If I read between the lines of your question, you have been sued because the bouncer roughed someone up, and they claim that you "willfully/negligently" hired a bad security company. I am not trying to be rude, but you won't find the help that you need here, you need to hire an... Read more »

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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