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I have a trial in a few weeks but I have a feeling the DA find a way to continued it or they will throw in the towel before the court is in session.
If they decide not to go to trial, how soon should be expecting ttd benefits? Does the judge need to approve ttd?
answered on Feb 20, 2019
You should never, ever 'expect' TTD. If you are not receiving it, you want the judge to order TTD to be paid from a certain date in the past and continuing. Without a judge's order, expect absolutely nothing.
I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?
answered on Feb 7, 2019
1) you should ask your attorney.
2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.
I am owed TD from 2004 to 2007 and from 2011 to 2014. and PD from 2014 to 2018
answered on Jan 30, 2019
Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.
A 10%... View More 
Is it better to subpoena the defense witnesses or have the defense call them to come testify?
I was terminated after I was injured on the job. I’m going to trial because the insurance carrier is disputing I was fired for caused. They have listed the two HR rep that terminated me after I... View More
answered on Jan 29, 2019
Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not... View More
I've been deemed permanent and stationary and reached maximum medical improvement so why would I need future Medical? I don't want treatment I don't need treatment I would like to get the funds released somehow through petition or other legal means.
All advice welcomed. Thank you
answered on Jan 28, 2019
You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical... View More
I've heard recently that if you never seek treatment for your work-related injury to Medicare you'd be okay in spending the money to live on. Any and all advice welcome.
Thank you
answered on Jan 27, 2019
No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.
Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to... View More
answered on Jan 26, 2019
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to... View More
I have a trial set on the matter of ttd. The carrier is disputing that I was terminated for cause. If they were firm on their stance and feel they do not owe a dime, why did they list the attorney lien? There was sdi lien and medical lien but the defense attorney did not list them in their forms.... View More
answered on Jan 24, 2019
It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other... View More
This judge has deliberately sabotage my hearings and left notes to trial judge to limit the questions i can bring up during trial.
This judge has lied and helped the defense to force me to settle. He sided with the defense at the expedited hearing and said I’m not receiving ttd benefits... View More
answered on Jan 23, 2019
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably... View More
answered on Jan 22, 2019
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
My paychecks are short , missing or different pay rate. Also i was promise a bouns ... i now have no work beside i believe i asked about my bouns. Hr and their scheduling are no help, they just sent me in circles.
answered on Jan 21, 2019
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
How can I remove the judge? He is bias and has purposely rule opposite of what I asked. In the expedited hearing, he refused to look at my dr report and he wanted to see exact wordings with start dates and end dates before he can award ttd. He completely ignored ttd at the msc and set my case for... View More
My workers comp claim was denied entirely a few weeks after my injury. I’ve seen 2 ptp and 2 qme, all of them has said industrial related and the most recent one says arose during the course of employment.
My claims has been accepted for medical and all doctors reports with ttd dates. The... View More
answered on Jan 19, 2019
this question cannot be reasonably answered without someone seeing the medical reports. While the reports find injury, if they are based upon an incorrect or wrong history they are not substantial evidence and therefore worthless. In sum, your question cannot be answered.
wages of $320 a wk 1999 injury how do you figure in COLA does it base it on AWW my AWW is based on a salary of 20 years ago and would have gotten raises during those years how does COLA apply to my figures?
answered on Jan 16, 2019
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
my TTD checks I owed child support in arrears and a % was taken from my checks and sent to child support and was paid off in 2017 now that I am closing my case the ins co wants to deduct child support from my award I don't owe any more and the payments were deducted from my checks so how can... View More
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answered on Jan 9, 2019
On the surface it makes no sense if the case was closed ... so.. follow up with the child support agency and get a paid in full statement that there is no basis for any further payments to be made to them... then take that to the court with the settlement documents (if you have a lawyer have your... View More
I’ve been to two hearings for ttd and the judge had ignored all of the ptp reports and qme reports that say I am ttd.
My claim is accepted now and it’s been two years. My ptp is in the mpn and the carrier had known that my claim was compensable a year ago. They also known I was... View More
answered on Jan 8, 2019
Not if you file a claim for benefits before you leave. If you file after you leave, there will be additional problems relating to the fact that you are no longer with the employer.
File a DWC-1 form. Have the employer sign it and give you a copy. Then your workers compensation benefits... View More
I’m trying to figure out if it’s worth filing a claim. In 2017 because of changes at work I was under a ton of new stress. I had to start taking kolonopin, sleep meds and couldn’t sleep and had panic attacks weekly. I left that job last month but even my dr thought I should file a claim. But... View More
answered on Jan 8, 2019
Sorry to be the bearer of bad news, but given these particular facts, this claim is worth zero (possibly 'nuisance value' of maybe $2,500). A claim must be filed within one year of knowledge of work-related disability. I think your narrative says you started Klonopin as a direct... View More
I filed an expedited hearing for ttd benefits. The defense wanted to settle but could not explain how they came up with their offer.
They said there was ttd, and 8% disability rating and open medical. It wasn’t much more than the original $5k that didn’t include ttd or any rating.... View More
answered on Jan 7, 2019
I'm getting DejaVu, I've read this story at least 3 times!! YES, if the judge is being asked to decide on issues beyond those permitted in an Expedited, then YES the judge can decide this needs to be heard at a regular trial instead of an Expedited. If you believe the judge had... View More
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