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California Workers' Compensation Questions & Answers
1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: What can I Do when a Nurse Case Manager goes to My Nuerosureon before I Attend Visit and Stops My Surgery?

I was Set Up to have a Much Needed Cervical Surgery Suggested By MRIs and Other Exams to have a 3 Disc's Herniation Surgery and Severe Foramina Stenosis and Kyphosis Surgery by a Neck Go to Neurosurgeon. He wrote in Three Reports how Bad I Needed this Surgery. But go Ahead and Finish the... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

Is the doctor providing an opinion as to why he is changing his recommendation?

I suggest you get a second opinion from another doctor ASAP and obtain a neutral opinion AME or QME as well.

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
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1 Answer | Asked in Workers' Compensation for California on
Q: Do I still accrue pto while receiving temp disability payments for work related injury?

I was injured at work in January and had to have surgery on my middle finger non dominant hand due to cutting my tenant and nerve in half. I was out for almost 4 months and have been back for nearly 2 months modifies duty.

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Only your employer can answer this. There is noting in the California Labor Code guaranteeing Personal Time Off or the ways in which employers award this benefit. If your employer grants credit toward Personal Time Off for days receiving Temporary Total Disability Indemnity for an on-the-job... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. Have "SIR" Policy with Umbrellà. 2 mil. Can I Collect?

Self Insure Employer?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Depends on the loss and depends on the terms of the policy.

1 Answer | Asked in Workers' Compensation for California on
Q: Hi. I need Concrete Information about My very Severe Injuries. I do not know what to do or what Happen to Me if I

If I Become Paralyzed Today or Tomorrow. I would Not Know what to Do about this California Work Injury. I have called for Info and Nothing told to Me. I now Live Out of State. Spinal Cord Injury in Another State and the Doctors here Will Not Accept California Workers Comp. Or Even See Me. The... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

You could select a Physician from the MPN IN CALIFORNIA and visit California for a treatment visit, explaining to the physician you need a final, rateable report because you moved away without closing your treatment. You could attempt to see a Qualified Medical Evaluator -- the QME -- and request... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Having Complications after Spinal Surgery. I Can not Never Sleep on My Left Side No More. Never Sleep on a Regular Pillo

Never Sleep on a Regular Pillow Again. Unless 2 to 5 Minutes Both Arms Shoulders Biceps down Arms to Hands Palms Various Fingers Goes Severely Stinging and Numbing Immediately. I have to Remove High Pillow and Sleep on My Neck Soft Collar Each Night. Also Electrical Pain Shoots Down My Right Lower... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 24, 2022

Workers Comp insurer will only authorize precisely what an MPN Treating Physician writes in a Request For Authorization, an RFA. No physician I know in 33 years has ever written that a patient must be relocated to get treatment. It is incredibly UNLIKELY that any insurer would relocate any worker... View More

Q: Open Active WC Case in California Relocated South East State. Attend a Pain Mgt. From 2013 to 2019.

I Ask Should I have Got Paid for My On Going Severe Neck Injury? After Neurosurgeon Surgery Did Not Work and Caused Me New Problems. Findings Cervical Myelopathy and Other New Problems. They did Not Pay Me for All these Years. My Counselor Told Me because I Could Not had Received Social Security... View More

Louis George Fazzi
Louis George Fazzi
answered on Jul 14, 2022

It appears to me that your so called "counselor" gave you really bad advice. You may have been entitled to collect from every disability source for all your injuries and/ or disabilities simultaneously. You need to file all your claims immediately.

My advice is that you contact a...
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Q: My Workers Comp Case has been filled with Discrimination, Bias and Slandering of My Good Name. Also Conflict of Interest

I need help with this? Little Afraid of this because of Retaliation. But My Continue Good Health and ADL is at Stake. Should I File This? I am the Innocent Victim.

Neil Pedersen
Neil Pedersen
answered on Jul 14, 2022

I am sorry but your post does not make much sense. It sounds like you are in need of a good workers compensation attorney who can be allowed to learn all of the facts of your situation and protect you through the workers compensation process. That attorney can tell you more but generally you... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Hi. My Left Shoulder, Shoulder Blade, Bicep, Radiate Downward to My Wrists, Hand, Palm and Various Fingers Every Nite.

I Can Not Find a Out of State Doctor to Help Me in SC. My last Pain Mgt. Doctor from 2012 to 2019 tried to get Me to Use My Medicare Card. But I told Him. No.

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 14, 2022

if you have a california work comp case and your out of state:

1. ask adjuster if the MPN extends to your state.

2. assuming it does not, ask adjuster if they will send an authorization letter to your doctor (assuming your doctor will treat you if they get an authoirzaton letter-...
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2 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Hi. What kind of Care Team do I Need in Place if this "Spinal Cord Injury" become close to become Paraplegic or Quadri?

No one in My California Attorney Staff is Not helping Me with Not Any Kind of Information? I have Relocated Across Country. The Hospital or NEither Neuro Specialist will Not Help because it is California Workers Comp Case?

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 14, 2022

the answer depends on the level of funcional losses you are suffering from. work comp may be required to provide any special needs you have so long as your treating doctor documents the need and that the need relates to your work injury at least in part. things such as personal help at home with... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Workers Comp. Sent to IME. Findings Assessment was PTD. No Lifting Over 5 lbs. Do this Prove Injury?

IME Wrote this Patient has Proven with MRI and It Report that He Brought to the IME Exam. He has Cervical Stenosis and have Multiple Herniated Cervical Disc's with Significant Spinal Cord Compression. And Also Severe Foramina Stenosis. What Should Come Next After this Ruling?

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 12, 2022

We no longer have Independent Medical Evaluators in California. This question is tagged as being on California Law but lists you in Charlotte NC so perhaps you are mixing North Carolina law. In California, the WCAB Judge looks at just the two reports: The Qualified Medical Evaluator and the MPN... View More

2 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Why my Counselor want let Me Apply for a MSA? I have a Severe Spinal Cord Injury. I Requested it.

"Medicare-set- Aside"websites tell Me to Apply. I went on Medicare at 57. I am Now forced Retired. Feel I am Getting WrongCompensation.

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 12, 2022

if you have a work injury call a work comp lawyer for a consultation. its free.

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1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: I have a "HIKIDA" Case. No Apportioning. Neurosurgeon given to Me. Said His Surgery went Stormy. For Me to Apply SSDI.

My Given Neurosurgeon force this type of Surgery Failed. "FBBS". He Admitted a "Failed Back Surgery Syndrome" he Said. It Caused Me a Brand New Constant Injury to My Left Shoulder. Nitely and Daily. Bicep and Down Arm to Hand and Fingers. Headaches. "Cervical... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 12, 2022

you need to do both. seek the advice of another doctor, consider a med mal case and go for PTD if you cant reasonable return to suitable gainful employment due to the injury. if you have past injuries or any other health conditions, an SIBTF case should be considered as well. call an experienced... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I got injured at work 4 and a half years ago and my workers comp case has finally settled. Edd wants the SDI money back.

I received a call from my attorney over a month ago saying that EDD wants to take a portion of my settlement to cover what they paid me in SDI benefits. My attorney said that I cannot be paid until this issue is resolved. It's a bummer but if I have to pay, it is what it is. My concern is, my... View More

Ronald Mahurin
Ronald Mahurin
answered on Jul 12, 2022

It's EDD, is a state agency that was overwhelmed before the Pandemic and has never caught up. At least you are not being evicted. I have a client who had everything resolved with EDD about three weeks ago, but the paperwork still has not gone through. He has until Sunday to pay five months... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: They keep pressuring Me to Settle My Spinal Cord Injury Case. I have a Càtastrophic Injury.

I have Done Nothing Wrong. I am Just a Victim. I am Considered Wheelchair Disabled caused by My Job. I have been Bias Slandered and Made to Look Bad. All I Want to Be is Treated Fairly.

Ronald Mahurin
Ronald Mahurin
answered on Jul 10, 2022

Unfortunately I do not see a question here, just multiple complaints about the California workers compensation system.

You can always represent yourself if you are unhappy with your current attorney.

2 Answers | Asked in Workers' Compensation for California on
Q: I have been Diagnosed with SSEP TESTING with Finding of Cervical Myelopathy. Spinal Cord Compression. MRIs with 3 D.

I have 3 Disc's Herniations in My Neck. Severe Levels of Foramina. Post Neck Surgery. Operative Report List the Same Findings. Pre and Post Findings. The Same. No Cure No Relieve. My Attorney and AME Med Legal Refuse to Put this in Any Medical Reports. I also attend a IME whom wrote He has... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jul 8, 2022

The regulations to the Labor Code REQUIRE any evaluating physician to list each diagnosis; it makes the report inadmissible to leave it out entirely as you say. So if your attorney will not write to the AME or present the evidence to the AME at a doctor deposition, it is time for a new Applicant... View More

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1 Answer | Asked in Workers' Compensation and Medical Malpractice for California on
Q: Help. I Need a Caring Ortho or Neuro Surgeon Doctor for Immediate Assistance. I have a California Work Comp Case.

I Was forced to Relocate back to Hometown by Defense Tactics. I have a Very Severe Spinal Cord Compression Case. With Failed Spinal Neck Syndrome. FBSS. I Presently have 3 Herniated Disc's and Severe Foramina Stenosis. Experimental Surgery the Neurosurgeon Perform without Informing Me... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 7, 2022

Thank you for your comments and I am sorry to hear you are gong through this. Surgery is certainly supposed to improve you. You are describing a possible medical malpractice that requires a specialist attorney to discuss this with you. you should consult a medical malpractice attorney immediately,... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I will not are not agree on the Defense trying to low ball my Spinal Cord Injury.

I have 3 Cervical Herniated Disc. A Go to Neurosurgeon was going to Operate and Fix the Problem. But the Nurse Case Mgr went to his office and Lied on Me. What can I do?

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 5, 2022

fire the nurse and hire an experienced work comp lawyer! One that will provide your a comprehensive consultation to determine all your issues and needs then set up a plan for your case to succeed.

1 Answer | Asked in Workers' Compensation for California on
Q: Negligence by my Workers Comp Attorney and his AME Neurologist Doctor. Will not Write Spinal Cord Injury to Neck.

How Can I Report this to the Medical Unit of the WCAB?

Gary Alan Jackson
Gary Alan Jackson
answered on Jul 5, 2022

why do you want to go to the government for help? i would suggest you get your own medical eval to address your dispute with the AME. this is how you attack another doctor on his own terms. let the doctors fight it out. this is how you get it done! use your treating work comp doctor to say how the... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: How much would a jury award for a small scar on the forearm in louisiana that was work related

plaintiff pulled out a tray from a commercial oven at Circle K. The oven company has never been sued or has any personal injury claims against them

Dale S. Gribow
Dale S. Gribow
answered on Jun 27, 2022

i would venture to say that NO lawyer can give you an accurate answer via internet without more facts.

is it to a man or woman?

someone who does modeling or someone with Tats over arm and in construction biz?

how bad a scar?

what court?

a case in LA is worth...
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