No. This is not considered part of your WC case. Only travel to medical appointments is covered.

Workers comp is a virtually guaranteed recovery. Even though you were off work, being injured in the parking lot will be considered.

Alternatively, PI claim will also be possible. Recovery is less certain, but larger. I don't believe that both claims will be allowed so you will... View More

I do not know of any exceptions for the Statute of Limitations for a 132a claim. The statute simply says one year from the incident. So it is probably too late for a 132a.

However, if the dismissal was as egregious as you say, there may be other remedies, though I think it is also too... View More

Not through workers compensation. Court Hearings are exempt. You cannot get reimbursements for attending a hearing. Your only option is to proceed in the civil courts if your car insurance company for some reason refuses to provide coverage.

If you have a valid workers compensation claim, and you were on modified duty when you were terminated, AND the employer was unable to provide modified work that fit your limitations, then yes you have a 132a discrimination claim before the Workers Comp Appeals Board. Within the 132a you can argue... View More

It's impossible to know what defendants are thinking without more information. However, if your medical providers have found you MMI and the defendants have requested an MSC, my guess is the defendants want to close out the case before you can get additional discovery or amend your case.

Yes, the insurance carrier can deny your case at any time. However, there may be consequences if the denial is improper. Technically, if your claim is not denied within 90 days of notice, then it is presumed to be a work injury by statute. This appears to be the case with you.

At this... View More

When you get to the MSC the WCJ will look over the medical file, then determine if the evidence is substantial. If the medical reports support your disability, the case is essentially done unless someone disagrees with the rating. Defendants will tell the court the basis of their close out offer... View More

It is very common for new attorneys to take over cases. If the same defense law firm is handling your case, not much should change because you will still have the same insurance adjuster on your case. I have cases where I am on my fifth or sixth defense attorney. Turnover is a challenge to most WC... View More

You can always sue, but that does not mean you will win. In California you cannot bring a wrongful termination suit before the workers compensation appeals board WCAB, so you want to find a civil attorney practicing employment law, not a workers compensation attorney.

The insurance company will get credit for any payments made for child support. However, since the payments were made from your temporary disability, as you say a percentage was paid, there should be no further deductions from your award. The insurance carrier is only responsible for paying 104... View More

IF what you are trying to say is that the INSURER did not pay Temporary Disability indemnity AT ALL, then no, a penalty is due. But if you are trying to say the Insurer paid 2/3 of your average earnings PLUS the employer used accrued benefits to add to that to make a full paycheck with... View More

The GM is correct, you cannot return to work without a physician's release, or a report giving you permanent restrictions which the employer can meet. The answer to your question is that you should be receiving workers compensation benefits because you have not been released by your doctor.... View More

The only recourse is to go to court and have the WCJ order them to pay. No matter what the status of the acceptance/denial, if the insurance company is not paying benefits and the medical records supports those benefits, you must seek court help. If you believe the lack of payment is in bad... View More

It is a difficult question because there are very specific requirements for someone to be considered an "Independent" contractor. You must be very cautious because the workers compensation laws favor injured workers and if the "Independent" contractor is found to be an... View More

The Cost of Living Adjustments (COLA) apply to work injuries occurring on or after January 1, 2003.

If an insurance adjuster offered it voluntarily, KNOW is the the very, very lowest possible amount the adjuster thinks a workers comp judge might approve. $5000 is 'nuisance' value, the amount they offer for a worthless claim with zero disability to just go away and not bother any one... View More

unless the Award specifies it is repayment of wages earned but never paid (extremely unlikely, the WCAB Judge has no jurisdiction over wage claims), then the Workers Comp award is a non-taxable event. It is payment for surrending rights to further treatment and permanent disability award, it is... View More

Your attorney will take THOU$ANDS so if you cannot talk to her, you need a different attorney!!! Injured workers are deposed more in accepted cases than denied, so it is possible there could be deposition still. If you really meant to ask if there would be a TRIAL, yes, if the defense fails to... View More

Can you file a claim? Yes. Will it be accepted? Most likely, no. Stress claims are regularly denied. Labor Code 4660.1 says the employer has no responsibility for psychiatric injuries generally, with these exceptions:

(A) Being a victim of a violent act or direct exposure to a... View More