Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Superior court of the state of California for the county of San Bernardino
Case No. CIVDS1516030
Jazmin Dabney, Clara manchester, and Jason Lofstedt, Individually and On behalf of All Others Similarly Situated v. panera, LLC
Is this real and am I eligible to send my... View More 
answered on Apr 9, 2017
You can contact the court clerk about the case and gather publicly filed documents from that court to learn about the case facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More
injured at work need future surgery on arm, 2 disc in spine bluging dre catogory 2 cannot lift no more than 10 lbs, no sitting, standing walking for more than 30 min, nerves are damaged, cannot return to the kind of work i use to do.i have permanate disability in arm and spine, been out of work 2... View More
answered on Apr 4, 2017
Your WC settlement should include future medical, permanent disability %, supplemental job displacement voucher, mileage, out of pocket expenses.
I strongly suggest that you get representation before you dig yourself into a medical whole that you cannot get out off. If you are unable to... View More
answered on Apr 4, 2017
You do not have to pay Temporary Disability but you will have to pay back because you are recovering from your injury. However any Permanent Disability payments are advanced payments on the % of your disability which is a factor when you settle. Those will be deducted.
The P&R report stated I needed another surgery. At that time had used up all my disability and workers comp money and i got let go not too long after that. I have not been the same since then. Daily activities are harsh on my arm and hand. I have few gaps in employment because I dread the... View More
answered on Apr 4, 2017
you may always file for Social Security Disability benefits, just keep in mind most are denied in the first application AND you need CURRENT Medical Evidence (not your observations, a medical doctor's written observations and diagnosis) to succeed in the Social Security Disability application... View More
answered on Mar 31, 2017
Should you be 'alarmed'?? Depends on what 'alarmed' means. If you are asking if you are being investigated, then YES.
Psychiatric injuries have to be caused 51% by the employment event; if the supervisors find non-industrial stressors on your computers and devices,... View More
I have a workers compensation and PI case open. I was declared P&S almost a month ago and haven't heard from my attorney or any of his paralegals. How soon after P&S should I expect to have the first settlement offer? I do have PD and I'm already receiving PD payments. Thank you.
answered on Mar 27, 2017
an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary... View More
answered on Mar 16, 2017
Typically the agreement actually states 30 days...as in 'no penalty shall accrue on sums paid within 30 days of service of the Order Approving Compromise & Release Agreement'. But I can't tell what this 'order' is from this question. If there is a Findings &... View More
I'm 100% disabled with W/C. I have gone 2 years without a urologist because nobody will take W/C. I was awarded it along with other things from a judge.I don't know if the insurance company is responsible or the Workers Comp system because not getting the right care is deadly.So could I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2017
I agree with our comments and understand your frustration with the broken California workers comp system. It's broken for the injured workers of Calif but the insurance companies are very content and happy with it. I'm not sure if you ever had an attorney on your case but we would like to... View More
answered on Mar 13, 2017
You can apply for UE however you will be stating that you are able and willing to work therefore being contradicting to your injury claimed. If you are not able to work due to your injury you can apply for state disability while your claim is litigated. Also if you file your claimed and were... View More
no inds say i ws born wth it have identical twin who does not hve does. prve my case
answered on Mar 12, 2017
Besides disability, the question is what case-- if it was a work injury you can only reopen for the additional issues within a certain time. Contact a member of CAOC who handles workers compensation--they give free consultations.
answered on Mar 11, 2017
It depends on the terms of your agreement with the parties. How did the injury happen? You might both be liable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
My husband injured his back at work December 2015. He has had two separate surgery's on his back. He is still having back pain; and now has weakness and numbness in one of his leg. The surgeon told him the numbness and weakness maybe permitted (the main reason his has the numbness and weakness... View More
answered on Mar 9, 2017
If it was due to the consequence of your work injury then it is workers comp. You need to amend your claim. If you do not have an attorney get one immediately. Good Luck!
how long can i stay on wc inthe state California and can i settle anytime i am ready? i want to work but their QME doctore rated me as 100% and their Qme Psychiatrist stated i dropped from a 24 to a 54 in my psyche but i am ready to settle and move on i have went to the AME 2times and the QME 2... View More
answered on Mar 9, 2017
If you saw two AMEs that means that you have an attorney since you cannot see AME unless you have an attorney. The best person to answer those questions would be him. Good Luck!
re-injured the same injury but wasn't at work. I still work for same company. I've been going to my own doctor and a specialist since it happened off of work. I also am not working. Do to the work restrictions my doctor gave. What options do I have of claiming this on the WC claim? the... View More
answered on Mar 9, 2017
If you stayed with the same employer it is very likely that you have future medical open for body parts. Go to doctor and state your back is hurting due to an aggravation of your previous injury. Even if it was not at work it is an aggravation of your original work injury. Good Luck.
Almost two years ago also got injured at work and he took my sick time and had the dr treat me as first aid any help would help
answered on Mar 9, 2017
First of all he is not your owner since slavery was abolished. Second you need to talk to an attorney ASAP. Good Luck.
Why I have Court if I settle my case June 30,2016. I suppose to receive two check from two different insurance I receive one already but the other insurance set a day for court.
answered on Mar 9, 2017
The best person to answer that is your attorney or the insurance company. There is no possible way any attorney can answer the question as stated.
WC case filed 3 years ago and pending settlement. Defense is now asking for MSA when settlement will be close to 100k. I don't get SS yet and was denied but filed for a hearing. I asked my attorney's office to contact the MSA company to ask for a report saying it isn't applicable... View More
answered on Mar 9, 2017
There are a lot of other factors to consider. Your age (if you are 60 an MSA would be necessary), if you appealed denial you are pending a decision and might be eligible however if this is the case you can submit documentation that you are withdrawing your appeal decision and sign documents that... View More
Dr in June of 2014. I have not received anything from the workmans company about what happens next or my rights. What should have happened. Should I have been offered a settlement?
answered on Mar 9, 2017
The doctor should have given you some Impairment rating. You should be getting paid Permanent Disability Advances based on the rating of indemnity. If you did not get indemnity based on report you need to object to it and request a PQME. BUT WHAT YOU REALLY NEED IS AN ATTORNEY. Good Luck!
answered on Mar 9, 2017
Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on... View More
answered on Mar 8, 2017
You have to file a Workers Compensation Claim Form or there is no workers comp claim. If the treating physicians are sending the bills to you and not to the workers comp insurance carrier, you are seeing the wrong treating physicians. The Workers Compensation Claim form should be faxed to the... 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.
