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We have an order from a judge and still nothing for P&I which is over 4k (worth going after).
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
How can she protect herself and her co-workers and does she have a legal case?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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.
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.
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... View More
F
answered on Nov 30, 2020
I cannot do anything without their names
Ron Mahurin
Northerworkerscomp.com
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 .
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... View More
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.
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... View More
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... View More
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.... View More
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... View More
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... View More
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... View More
answered on Oct 25, 2020
So the MRI was for something else.
What did the doctor say regarding the migration of metal
After filling 2 QME forms I sent one to my adjuster and the second to the state compensation places, and this is because my adjuster closed my case because Concentra gave me a zero impairment rating, now I called my adjuster today to confirm he got the mail but could not answer his phone, but the... View More
answered on Oct 21, 2020
you should consult and obtain a workers compensation attorney to assist you with your work injury case. it is a complicated system. you may not want a PQME just because you dont like the reporting of the PTP. you may want a new PTP. it costs nothing out of pocket to hire a work comp attorney to... View More
I am a nurse practitioner, interviewed with a lawyer that is representing patients whose disability claims that were denied and the claimant is seeking an appeal. The role consists of reviewing the medical records that are available and giving a medical opinion as likely course of your medical... View More
answered on Oct 19, 2020
To Whom it May concern:
Whether your license would be at risk is something you would have to talk with your guild about but Nurse Case Managers are often used by the Defense to coordinate the treatment and arrange for diagnostic testing. The nurse case managers are generally not rendering a... View More
Hi Guys, I called my adjuster to request a QME form after finding out that my evaluation rating from concentra was zero but as usual the adjuster never replied. So I went online and found the form, I was wondering if and individual involved in the claim can fill this form, I already talk to a... View More
answered on Oct 19, 2020
You could fill out the form but I suggest you consult an attorney when striking the names of the doctors as that is very crucial. You can contact anyone of us on Justia for a free consultation.
My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... View More
answered on Oct 16, 2020
First, your case is plenty 'ripe', scrap that lawyer and get a real lawyer, who needs to rush you far, FAR AWAY from concentra hacks. Next, adjusters blow off people on the phone. Concentra doctors routinely write that patient fully recovered with zero permanent disability and zero need... View More
They held some back can I get the rest of the settlement since I never used it L
answered on Oct 1, 2020
Recommend you contact a local attorney dealing in Worker's compensation cases and take all your paperwork to them for review and advice.
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I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... View More
answered on Sep 27, 2020
The worker’s compensation insurance carrier wants to get your prior medical records to see if you had injured the same body part before. They should subpoena any records they need. You don’t need to sign the medical release forms. You should consult with anyone of us on Justia for a free... View More
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