Get free answers to your Workers' Compensation legal questions from lawyers in your area.
They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.
answered on Oct 19, 2021
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... View 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?
answered on Sep 16, 2021
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... View 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
answered on Sep 11, 2021
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... View More
Please help me understand in simple terms? What money is she getting at the end
answered on Sep 1, 2021
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... View More
answered on Aug 24, 2021
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... View More
answered on Jul 19, 2021
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... View 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... View More
answered on Jul 13, 2021
You have not asked a question.
This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.
Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk... View More
My husband broke his right ankle at work. He is now home 24/7. Our electric bill has gone up because he is home.
answered on Jun 21, 2021
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... View 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... View More
answered on Jun 9, 2021
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... View More
Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.
the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... View More
answered on Jun 9, 2021
MORE INFO NEEDED.
YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.
MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?
I ASSUME IF THIS WAS A... View More
Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.
answered on Jun 3, 2021
Hello,
Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.
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... View More
answered on May 31, 2021
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... View 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... View More
answered on May 22, 2021
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... View 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.
answered on May 18, 2021
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... View 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?
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,... View More
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.
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!
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... View More
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... View More
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.... View More
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... View More
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... View More
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... View More
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?
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... View More
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