Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on Aug 23, 2018
Yes, if your work activities aggravated, exacerbated, or accelerated your previous non-work condition. The insurance company will likely deny the claim until a doctor finds your condition was made worse by your work activities.
I went to the ER on 4 separate occasions the last two years. I thought it was a bad stomach ache and i did ct-scan, ultrasound and x-ray but everything was normal. The fifth time I went during work hours and the doctor said it was severe depression disorder.
I was discriminated for many... View More
answered on Aug 21, 2018
You can have a treating physician or a Qualified Medical Evaluator physician REVIEW and COMMENT upon the emergency room records. You may put the records into evidence, but the WCAB Judge cannot make a decision as to an injury and disability just on emergency room records. A treating physician... View More
The original injury. Would workman's comp still cover medical costs?
answered on Aug 12, 2018
It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be... View More
Do I need to return or would that hurt my case? Upper management isn't acknowledging the criticism or the further injury. I don't feel I can do the light duty position. The stress from my supervisor is one thing and the work is hard on my wrists.
answered on Aug 9, 2018
You need to seriously think about a different treating physician; tendonitis is inflammation of the tendon. That's typically an overuse. So you went to a loser MD who found the tendon inflamed but -- since he's 'in bed' with the adjuster -- sent you right back to the duties... View More
temporary totally disabled for a year I'm still under my doctor's care, will the Board access late fees. I've not received any letter regarding how much my benefits will be stalling tactics
answered on Aug 8, 2018
If you are still qualified for temporary disability and the doctor has submitted the necessary forms/reporting to the insurance company, the insurance company must pay you an additional 10 percent of the payment, if the claims administrator sends a payment late.
This is true even if there... View More
I work for a mechanical contractor, and this happened before work, on the job site property. I told my foreman, and he said to go home if I was hurting, I told him I would be ok and just needed a minute. I continued to work for about three hours, I was still in a LOT of pain and decided I should... View More
answered on Aug 8, 2018
Based on further facts, this may be a workers' compensation matter however you should definitely consult with an experienced workers' compensation attorney. Work injury lawyers provide free consultations and it could as simple as a phone call.
I have an attorney.Just didnt think to ask her.
I appreciate the lawyers response,though you are correct.You dont know me or my case.I have never spoken to this claims adjuster.I was given a new adjuster for reasons that I am not aware of.
As far as being rude to this adjuster,my... View More
answered on Aug 6, 2018
Absolutely it could be for any number of reasons one being that they don’t like talking to you or they feel that you are belligerent door in someway hostile and they don’t want to speak to you any further. Another reason possibly is that you have a lawyer and you’re not allowed to speak to... View More
answered on Aug 6, 2018
You have to generally be treating within the employer's medical provider network and all treatment requests need to approved by the insurance carrier Utilization review department.
my stepson is out on workman's comp the business (Yosemite park) is temp shut down due to fires in northern California. Should they continue to be pay him workman's comp since he has not yet had surgery even though they are temporarily closed? they seem to be dragging their feet on his... View More
answered on Aug 4, 2018
If he is still temporarily disable TTD it won’t matter if his employer is shut down or not he is still entitled to be paid his benefits
I'm still collecting SDI my attn finally filed for an expedited hearing, what can I expect? do I receive penalties for late payments
answered on Aug 1, 2018
TTD is due when a Primary treating PHysician on the MPN issues a report that says the injured worker is Temporary Totally Disabled... do you have THAT? Is there a written demand that the treating physician has declared you Temporarily Totally Disabled and you are due TTD Indemnity effective a... View More
I am employed through a return to work program and am paid by my Employer. I have had two surgeries and I am still in pain and due to that I am on modified duty. I just want to know if the 104 weeks apply to me.
answered on Aug 8, 2018
TD payments end when:
• Your treating doctor says you can return to your usual job (whether or not you actually return to work);
or
• You return to your usual job or to modified or alternate work at your regular wages (or at wages
associated with a maximum limit... View More
It has been 3 month since I had my deposition and I still have not heard from my lawyer. It has been 3 weeks since my MRI and not heard from my doctor either.
answered on Jul 28, 2018
You have an absolute right to fire your lawyer at any time most likely your form a lawyer will take a lien against your case and he will share attorneys fees on a proportionate basis with your new lawyer it happens all the time
I was deemed P&S + medical. In 2015 ER said I should get reasonable accommodation, I felt it was a threat so got one to protect myself - "1 episode per month, help with lifting >20 lb". Dr indicated reason : "To satisfy supervisor." My employer requested I re substantiate... View More
answered on Jul 27, 2018
she doesn't get paid. THAT is the price of letting a client settle by way of Stipulations With Request For Award. the attorney gets to work for free. You should have been visiting the treating physician every 6 months since being released. if you don't use your 'future'... View More
My claim was denied and I’m appealing it. I went to qme and he states that the injury is 100% work related but did not mention any impairment ratings. I’m trying to dispute the rating and I’m sure it’s a long process. Does the insurance carrier have to start benefits for the months wasn’t... View More
answered on Jul 24, 2018
Did the doctor list in his report what period of time you were temporarily disabled? If he did when you go to court the judge most likely will order the insurance company to pay you for that period of time. Your case doesn’t sound too simple you should really consider hiring an attorney to... View More
answered on Jul 19, 2018
I don’t see how this is a work COMP claim. It may have been a viable claim if it happened while still working on that job. But after 3 years not likely.
answered on Jul 18, 2018
the short answer is yes... if it wasn't your dog and you were acting within the scope of your employment when you were bit.
If you were playing or teasing with the dog, the answer might be otherwise.
California. He wants to travel to Wyoming and back. I’m not sure I’m comfortable with that. I’m just wondering, if he wrecks and hurts someone else on the highway, would I be held liable? Would I get sued?
answered on Jul 18, 2018
Yes, there is the potential of risk. Your trailer should be separately licensed and insured. He would be a permissive user of the trailer and, as such, would be insured under your policy for any liability arising out of the use of the trailer. His own insurance would insure him for liability... View More
answered on Jul 8, 2018
If you have a lawyer representing you, you might owe him or her some fees for the time put in the case. If you are handling the claim yourself, you probably can drop the case at any time if you want to. A settlement and a Deposition are two different things. I assume you are talking about a... View More
I was hurt catching a patient and had to get a lawyer to get medical care covered. The job said they didn't have work within my restrictions so I took a job elsewhere. I only got an attorney because of medical issues. I never recieved payments. I didn't know I could have recieved... View More
answered on Jul 6, 2018
Perhaps you are not a possible rehire because you have permanent work restrictions?? Without knowing the requirements of the job for which you applied and your permanent work restrictions, it's impossible to know. It is a violation of Labor Code 132a to discriminate against a worker in... View More
answered on Jul 6, 2018
There is. Nothing illegal about it Dr. advising a patient that his only best option might be to retire or for that matter to find another line of work Considering the nature of his injuries. After all we go to why doctors not only for treatment but for advice the same as we go to a lawyer’s
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