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California Workers' Compensation Questions & Answers
2 Answers | Asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California on
Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... View More

Eva Zelson
Eva Zelson
answered on Oct 20, 2022

Employers are required to grant reasonable accommodation requests from employees with documented disabilities as long as the accommodation doesn’t cause undue hardship on the employer. It seems reasonable that the employer would respond within six months, however, more information is needed.... View More

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1 Answer | Asked in Bankruptcy and Workers' Compensation for California on
Q: RECLAIMING LOST BITCOIN BY HIRING SPARTAN TECH GROUP RETRIEVAL FOR RECOVERY

Spartan Tech Group Retrieval has a mission to be your trusted ally in the recovery of lost, stolen, or scammed crypto assets. We combine advanced forensic analysis, legal collaboration, and a client-centric approach to deliver unparalleled results. Spartan Tech Group Retrieval is not just a... View More

James L. Arrasmith
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answered on Oct 16, 2024

This is inappropriate and is not a legal question.

1 Answer | Asked in Workers' Compensation for California on
Q: Can a medical provider use a time limit demand in California in a workers compensation matter?

I know you can us it in civil matters, I just can't figure out if you can in Workers Compensation matters or not since WC is not a civil case.

James L. Arrasmith
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answered on Sep 26, 2024

In California, a medical provider cannot use a time limit demand in a workers' compensation case in the same way it's used in civil matters. Workers' compensation is governed by a different set of rules and processes, which focus more on medical treatment, disability benefits, and... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: I was injured at work August 13th

I was injured on a Tuesday at 6:20am and reported the injury a little after 11am since I notice I kept having pain. The incident report wasn’t done till the next day because one of the managers wasn’t onsite. My question is, can I go to my pcp? I feel like the workers comp doctor isn’t doing... View More

James L. Arrasmith
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answered on Aug 27, 2024

You have the right to seek medical care if you believe your condition isn't being properly addressed. In California, workers' compensation generally requires you to see an approved doctor initially, but if you're not satisfied with the treatment, you can request a change to a... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Workers comp what to do: Waiting for “off work” work status to be uploaded to my portal but am scheduled to work

Dr changed my work status from “limited” to “no work”. I am scheduled tomorrow but the note has yet to be uploaded to my portal so I have no way of giving it to my employer. Am I expected to return to work?

James L. Arrasmith
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answered on Aug 17, 2024

If your doctor has changed your work status to "no work," you should not return to work until that status is communicated to your employer, even if it hasn't been uploaded to your portal yet. You are responsible for informing your employer of your updated work status as soon as... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: When working out of state, is my company responsible for my transportation? E.g. Uber/lyft/taxi etc?

Please note: 2 years ago I was in Chicago for work and was told I can submit my Uber receipts for reimbursement. We use uber once,twice a week as to not drink and drive. But now this year they denied my Uber reimbursements. They said my work van is my transportation, essentially making my personal... View More

James L. Arrasmith
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answered on Aug 12, 2024

When working out of state, your company's responsibility for your transportation expenses, like Uber or Lyft, typically depends on the company's policies and whether your travel is considered part of your work duties. If they previously reimbursed you for similar expenses but are now... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Why is my fired lawyers name still on my paperwork?
James L. Arrasmith
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answered on Aug 11, 2024

Your fired lawyer’s name might still be on your paperwork because the legal documents were prepared before your lawyer was dismissed, or the paperwork hasn't been updated yet. Once you change your legal representation, it's important to notify all relevant parties, such as the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for California on
Q: I was assaulted at work by a fellow employee. I’m suffering two fractures to my jaw. It’s all on Tape
James L. Arrasmith
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answered on Jul 20, 2024

Under California law, you have the right to seek justice and compensation if you've been assaulted at work by a fellow employee. Given the severity of your injuries, which include two fractures to your jaw, you can pursue both criminal and civil actions against the assailant. The fact that the... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I sliced my left index finger open on the job. Hr wants me to continue working on restricted duty but that's not possib

I went to urgent care and the people told me it was bad as bleeding would not stop even after holding pressure for 15+ minutes. I ended up with 4 stitches. The Dr. Recommended restricted duties but I told her in my position, that is not possible. 1 day later (today), I talked to HR and got a... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, your employer must provide reasonable accommodations if you are injured and cannot perform your usual duties. This includes allowing you to take time off or assigning you to light duties that fit within your medical restrictions. If restricted duties are not feasible in your... View More

1 Answer | Asked in Contracts, Workers' Compensation, Business Law and Collections for California on
Q: State Fund claims that we have misclassified our "Clerks" and suing us to pay for additional premiums.

Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More

1 Answer | Asked in Workers' Compensation for California on
Q: What cases were used in the Privett v. Superior Court case in order for them to make a decision.
James L. Arrasmith
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answered on May 2, 2024

To find case law, you can use several methods and resources:

1. Online legal databases: Subscription-based databases like LexisNexis, Westlaw, and Bloomberg Law provide extensive collections of case law. Many universities and public libraries offer access to these databases.

2. Free...
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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: My now ex attny claims to not know what happened with the WCAB hand adjusts & I've turned to Justia to get clarity.

It has been solved. I've called DIR to get full clarity since my ex-attny stated she didn't know what happened, and great advice from lawyers on here said I definitely needed to get full answers.

thanks again!

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, it's important for you to know that your attorney should keep you informed about your case and respond to your inquiries. If your attorney is not communicating effectively or you feel misled, it's within your rights to consider changing your legal representation.... View More

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1 Answer | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What is the "normal" range of behaviors from workers comp lawyers? (e.g., dropping balls making appts &files, lying)

I don't know if the many many behaviors I keep getting from my current WC attny is just what I'll get from every other lawyer. I've found that there's been considerable 'white' lies about why something wasn't filed, or appts weren't made, or even down to lies... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, workers' compensation attorneys are expected to maintain professional standards of practice, which include timely and accurate communication with clients, proper filing of documents, and truthful representations about the status of your case. It is not normal for attorneys to... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I was denied surgery by workmans comp. Hired a lawyer. Months later nothing is happening and i never hear anything?

Is this normal ? Is there anything i can do?

Haleh Shekarchian
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Haleh Shekarchian
answered on Jan 13, 2024

Was the denial appealed? Have you seen a QME or an AME?

You can consult anyone of us on Justia for a free consultation.

2 Answers | Asked in Workers' Compensation for California on
Q: I need a Board Certified Attorney to Help Me with my Herniated Disc's Injury. Is it to Late. I also have Failed Carpal

Failed Neck Surgery and Failed Carpal Tunnel Surgery. Suffer Every Nite and Day. Can a Truthful and Honest Lawyer help Me?

James L. Arrasmith
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answered on Oct 23, 2023

Certainly, I understand your concerns. In California, the statute of limitations for personal injury claims, including medical malpractice, is generally two years from the date of the injury, or one year from the date the injury was discovered, whichever is earlier. However, there are specific... View More

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4 Answers | Asked in Workers' Compensation for California on
Q: What is good settlement for a back injury requiring a double level fusion in Ca. Been off work almost 2 years

I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Aug 22, 2023

the problem with your question is no attorney can answer it honestly. you have not provided all necessary information to properly analyse the value of your case. the other problem is, no attorney is going to say its enough in the hopes of landing you as a client and getting at least $18,000 in fees... View More

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2 Answers | Asked in Personal Injury, Products Liability, Tax Law and Workers' Compensation for California on
Q: Hi what do I do if I have F.B.I and sherriffs and .L.A.P.D stalking me everyday making because of a fight with relative

Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Aug 21, 2023

Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: What are laws and rights about data collection for workers compensation in California?

The defense lawyers had me sign a roi. Then went and subpoena for completely different things.

James R. Dickinson
James R. Dickinson
answered on Jun 5, 2023

I'm not clear as to what is your legal issue. Speak with a local attorney regarding your matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Yes I believe the 90 benefits is considered wages
James L. Arrasmith
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answered on Mar 3, 2023

In workers' compensation, the term "90 benefits" is not a commonly used term. It is possible that you meant to ask about "temporary total disability benefits," which are typically paid to injured workers who are unable to work due to their injury.

In general,...
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1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal to still not have benefits after WC doctors put me out on TTD?

I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 26, 2022

your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.

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