Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: What to expect at expedited hearing for temporary disability benefits.

What can the adjuster used at the hearing to defend their reason for not paying ttd?

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 19, 2018

An adjuster need not pay TTD when (1) they never received the Work Status report showing TTD status by an MPN Physician; (2) the physician reporting is no longer on the MPN so they can ignore his findings; (3) The claim is now denied in its entirety; (4) there are videos of the applicant... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I reported a WC injury and was directed to call a company that takes care of our workers Comp claims. It is over the

Phone and on the computer live so you talk to a doctor on the computer screen. I went through all questions with the doctor. He told me to go home so I called my store manager and he did not return my call, I called the Asst. He told me to go home. I had 1 1/2 hours left on my shift. I was told by... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 16, 2018

Sadly, the injured worker IS NOT PAID for the first 3 days of temporary disability following a work injury! IF this injury causes you to lose more than 14 days of work as being found Temporarily Totally Disabled, only then does the adjuster owe you for the three days you lost following this... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I need anattorney that knows tribal law. I broke my foot at work. Workman comp denied my case. Morongo had me go out.

9-18-18 was when FMLA exhausted. I am terminated & have no insurance to take care of my broken foot.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 15, 2018

I know of NO ONE who practices Workers Comp for injured workers on in Tribal jobs because it's hours and hours and hours of work for no money. You only get to see Tribal doctors, and those doctors write that the Tribe is not responsible or otherwise owes you no treatment and no money.... View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: Can I file a petition for penalties?

My claim was denied. I have seen several doctors that has stated my injury is industrial related. They have modified my work duties with restrictions and have me as ttd. I have not been paid any benefits in over a year. I have schedule an expedited hearing for ttd. Can I file for penalties in this... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 15, 2018

You COULD try that, but most judges will refuse to award any penalty to an insurer exercising it's right to prove the claim is non-industrial at trial. You CAN take those reports, request a Trial, offer them to the judge at trial as evidence that the injury IS work=related, then you would... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Workman's Comp Deposition

I am being required to attend a second deposition on my WC claim. The accident was in Feb 2016 and I do not understand why the second meeting. There is a new attorney on the side of my company. I was fired in April this year, stating that they no longer need

a receptionist, with... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 9, 2018

if you must ask questions here instead of the firm you will be paying thousands, you need new counsel. There are wonderful firms in the bay area. You need a lawyer that answers your questions. YOU MAY 'dismiss' this attorney who won't speak with you and hire a new attorney. You... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Qme and ptp both reported industrial and gave work restrictions.

Why have I not received any ttd benefits. My claim was denied but every doctor that has evaluated me has listed as industrial and the restrictions varies from 10-20lb no lifting.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 9, 2018

You have not gone to Trial. IF you went to trial with those reports, the WCAB Judge would issue a finding that you WERE injured on the job. Until the court issues a Finding and Award, the insurer has no obligation to pay when it has denied all responsibilities for the injury.

2 Answers | Asked in Workers' Compensation for California on
Q: Can you negotiate for a higher settlement amount?
Steven James Foster
Steven James Foster
answered on Oct 3, 2018

Yes, all workers' compensation settlements are subject to negotiation.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: What are my options?

My job was able to accomodate my work restrictions & place me in a new position. The Dr's final report is that I'm "permanent stationary". WC is giving me the option to close my case for a settlement if $5,000 or to keep it open for future medical. I don't trust the WC... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 3, 2018

You can hire a lawyer, but it's a little late. Sounds like the doctor wrote you have ZERO rateable permanent disability. That's Weird, because if you have no permanent disability you should have been able to perform all tasks of your pre-injury job. That fact that they had to make a... View More

2 Answers | Asked in Tax Law and Workers' Compensation for California on
Q: For my case, theyre offering me 5000 for a settlement. Will that be taxed? Or is it nontaxable like temp dis. benefits?
Nancy J. Wallace
Nancy J. Wallace
answered on Oct 3, 2018

NOT TAXABLE. It's not wages for earnings. it's a partial payment on a physical and monetary loss.

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I opened a workers comp claim, but my manager is saying that I didn’t tell her about work causing me pain. What do I do?

I was diagnosed with carpal tunnel and told my manager. I do a lot of data entry and use 10 key the majority of my day. Some days I had swelling and pain in my hands, specially after a busy day, I would show her my hands and we would discuss getting an ergonomic keyboard or delegating some work to... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 2, 2018

There is nothing one can do about a manager willing to lie. From this point forward, you MUST put each communication IN WRITING with a way to show a manager or adjuster received the writing, like a fax with a fax transmission report or mailing using Priority Mail for the receipt (skip the... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Workman's Comp clam 2/16 still working on it.

Still undergoing same claim! A large chalk board that was placed on top of A large 3' x 4' dry erase board fell off of 3' x 4' foot locker

(without any support) came down on me causing several injuries. At the time of the accident, I was asked to accept a phone call... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 1, 2018

No, you cannot refuse another deposition; if you try, the defense attorney will get an order from a judge requiring that you attend the next one, then if you miss the next one, the defense attorney will get an order to either suspend all proceedings on the claim until you attend a deposition, or to... View More

2 Answers | Asked in Workers' Compensation for California on
Q: Not P&S yet but released with no restrictions.l

Then let go, am I still entitled to temp disability payments?

Dr.  Peter Marc Schaeffer
Dr. Peter Marc Schaeffer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2018

Interesting question you will have to refer to the medical reports to see if the doctor is still calling you temporarily disabled even though he gave you no work restrictions he may have said you could return to modify duty and if your employer terminate you before you are able to do any modify... View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: Can Tristar require the A M E DOCTOR TO GIVE A DEPOSITION AFTER RULING ON MY CASE ALREADY ?

The A M E RULED IN MY FAVOR BUT TRISTAR IS QUESTIONING HIS PERCENTAGE BREAKDOWNS?

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 22, 2018

Yes, the injured worker and the employer have the right to ask questions of the Agreed Medical Evaluator. That said, the AME thinks A LOT about his conclusion before he signs the report, so he would have to have a LOT of new evidence to change his opinion on anything.

1 Answer | Asked in Workers' Compensation for California on
Q: can a temp agentcy drop my workers comp because i signed with he agentcy no fault to my own

the agentcy i sign with got fired by the company do to many reasons the company hired a new agency and i had to sign up with the new agentcy to keep my job. the agentcy who got fired to me they closed my case because isign with a different agentcy i was still under doctors care and my treatment... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 21, 2018

ONLY the Workers Comp Insurance adjuster 'closes' a workers comp claim, never an employment agency.

BBSI is an employment agency that has it's own adjusting service in northern california, so you might have been with BBSI. The BBSI adjusting service is separate from the...
View More

1 Answer | Asked in Workers' Compensation for California on
Q: Can a temp agency just drop my workman's comp because the company hire a different temp agency

I was hired through the a rtemp agency while I was on this job I got hurt meanwhile the temp agency who I got hired through wasn't doing there job so the company fired the agency and went with a different one I was informed last week the the agency closed my case can they legally do that

Dr.  Peter Marc Schaeffer
Dr. Peter Marc Schaeffer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2018

No

Once you report your injury to the original agency they own responsibility for your injury even if they get fired and you go to new agency

1 Answer | Asked in Workers' Compensation for California on
Q: I was just released to P & S for left knee injury, hurt right knee in rehab, just put RFA for right knee, does TTD end?

Its an amended claim with right knee legally added to same claim number, does TTD end or does it continue because of Compensatory issues with right knee

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 16, 2018

TTD ENDS unless and until the physician that declared you were at Maximum Medical Improvement WRITES that he changed his mind, you are not at MMI because of the new injury to the other knee, and that the injury to the other knee has rendered you temporarily totally disabled. UNTIL that report... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for California on
Q: Hi, I am former library worker and I got asthma with allergies for books dust and books molds. My WK was denied, I got

SDI until April 2016. If I just enter to any library branches I began to coughing really bed and need to use my inhaler. If I do cleaning, cooking, laundry at home, I need to wear musk, but it's so difficult wear musk more then 1 hour. I need to have a rest and fresh air. My doctor said I... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2018

MAYBE you have a Workers Comp claim against the city. You are required to submit notice of a work injury to the employer BEFORE you leave employment. Maybe your memos or emails make clear you sustained a work-related injury. You can fax the Workers Compensation Claim form noting a date of... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My workers comp lawyer is sending a hearing representative for my msc hearing is tHat bad for him to do ?

they said he is sending his hearing representative to my mandatory settlement case hearing wouldn’t it be better if he was there with me ?

Dale S. Gribow
Dale S. Gribow
answered on Sep 10, 2018

much more info needed.

i assume you are having a Mandatory Settlement Conference for your civil court and your lawyer is bringing someone from WC case?

i think you should ask him why he is doing it?

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I have a workmans comp claim that started in February 2016. I was set up an appointment by my WC attorney.

I was scheduled by my WC attorney for a "Qualified Medical Examination for this day September 5, 2018. I had to wait nine months

for this appointment. I got a letter from Workmans Comp Attorney (not my lawyer) that is was cancelled! For no reason except that

the letter from... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 9, 2018

First, there is NO WAITING 9 months any QME appointment. The attorney can get a panel of 3 QME physicians online in about 5 minutes. Then the attorneys have about 2 weeks to strike the name they refuse; then you see the remaining doctor on the list, and THAT doctor sets the exam within 60 days... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I was denied wage loss pymt for the 2wks I missed work but they are paying for medical does that mean they denied my WC

I hurt my knee at work

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 28, 2018

DO YOU HAVE an Off Work Order or a Work Status Report from a physician in the comp insurer's network? The adjuster will NOT pay Temporary Disability payments unless and until a physician in the MPN (medical provider network) writes that you cannot work at all OR that you are released to... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.