There is a standard NOTICE OF DISMISSAL form. Just sending it to your lawyer isn't sufficient. You have to send a Copy of the Notice of Dismissal to the Insurer, the Defense Attorney and the Attorney with a Proof of Service by Mail. THEN you have to prepare the Document Cover and Divider... View More

There is no tolling of the 132a statute of limitations. You have one year from the event to file a claim. However, I believe the SOL for a civil claim is 2 years, so you can still file a civil suit if your case meets the standard for a civil claim. Expect that the employer will raise the exclusive... View More

This question cannot be answered with the information provided. Generally, no, a second job should not have any influence on your WC case unless the employer is seeking apportionment to secondary employment, If I were a defense attorney, I would try to get contribution from the second employer for... View More

I think i just answered this question but i'll give it another go. When the Defense attorney comes into evidence tending to show that either the incident claimed never occurred as described or if it occurred there was no labor-disabling condition resulting (no need for treatment and no need... View More

No, because if the claim is accepted there is no reason to have a hearing on AOE/COE. (Arising of employment, Caused by employment). This type of hearing is used for cases that a denied as not being industrial. You need to review your QME report very carefully and see if there is a statement on... View More

No, the case law is clear you cannot file a claim for stress related to litigating a workers compensation case.

There may be a remedy however if your employer is discriminating against you in any way for filing a WC case.

1) No one can predict what a carrier will do. While you should have already started receiving TTD benefits based upon your question, the penalties for late payment are almost never enforced. The courts don't care as long as defendants can put forth some explanation for the delay, for example... View More

Sorry, this is not a workers comp question. You are in the wrong forum.

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answered on Dec 11, 2018

Simply put... if you get injured at work... you don't have to prove you were not negligent nor do you have to prove your employer was negligent. You got hurt at work... you are covered...(unless you were fooling around and caused your own injury)

I think the best thing you can do is rely on your attorney to fight the worker's comp carrier. I have more experience on third-party cases than worker's comp cases. However, depending on the circumstances you may have both a worker's comp case and a third party liability case... View More

"Basically the same" is too vague for comment. Either the materials you objected to were removed, or they were not. At this point your options are keeping the QME appointment, or writing the adjuster a letter saying you will not attend the QME until such time as your objections have been... View More

You don't get ANY treatment unless and until (1) a physician from the Insurer's Medical Provider Network sees you and requests that treatment by way of a Request For Authorization form and (2) the adjuster OKs that Request for Authorization form. A QME is just an evaluator, never a... View More

First it would be pure guess work for someone to comment on the adequacy of a medical report without reading it, so I cannot address the issues of MMI or TTD. If the PQME is retired you can ask for a replacement panel by downloading the form from the DIR workers compensation website/forms. That is... View More

No. The insurance carrier will not pay any benefits because your claim was denied. Being terminated has nothing to do with your workers' compensation case except in rare circumstances. You can proceed with your WC case and you will probably need representation.

Yes, you need to... View More

Welcome to California workers compensation. This is why you should have an attorney. At this point you must file a petition for removal. Without knowing exactly what the PTP reports say, it is not possible to make an informed decision regarding why the WCJ did not award TTD, but consider that the... View More

Yhe only eay to insure the payments are made is to return to court. If the medical reports are favorable and support TTD i suggest you file a penalty petition for unreasonable delay and ask for a 25% increase in TTD for the late payment. As for 14 days, when the claim was accepted the benefits... View More

Workers comp benefits are not considered community property if the applicant is separated when they are received. Because we do not know the status of the applicant when the mortgage was paid off, the question cannot be answered. You should ask a divorce lawyer

From the information you provided the question cannot be answered. However, generally the employer is required to provide the voucher within 25 calendar days from the issuance of the permanent partial disability award by the workers' compensation administrative law judge or the appeals... View More

First, if there is retro TTD, it will be used to pay EED, so there will be a lien for payments beginning 3/1/17. In other words, there will be no additional money for you for 52 weeks. However, TTD is paid for 104 weeks, so after EDD is reimbursed, you should get TTD payments from the last payment... View More

If the judge approved the motion to dismiss, then you must file a Petition for Reconsideration within the statutory period or the ruling will be deemed permanent.

As for the new judge, it is common for the court to change judges, especially after a complaint.