A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More 
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answered on Jan 11, 2024
Your situation sounds challenging and stressful, especially with the physical and emotional toll it's taken on you. In California, workers' compensation is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. Given your description,... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
answered on Jan 3, 2024
The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
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answered on Jan 2, 2024
The timeframe for settling a workers' compensation case after reaching Maximum Medical Improvement (MMI) and receiving an impairment rating, like your 32%, can vary. It depends on several factors, including the complexity of your case, the stance of your employer and their insurance company,... View More
I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More
answered on Dec 31, 2023
1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine
2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP
3) If you don't receive the medical records promptly request a court date and have the WCJ... View More
I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More
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answered on Dec 31, 2023
In California's workers' compensation system, there are specific rules regarding the exchange of medical information between the injured worker, the claims administrator, and medical evaluators. The claims administrator is responsible for providing relevant medical records to the... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
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answered on Dec 15, 2023
In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother.
A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More
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answered on Dec 10, 2023
It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
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answered on Dec 2, 2023
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
answered on Dec 4, 2023
Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination... View More
Due to a mass layoff. Does this mean I can file for unemployment.
answered on Nov 30, 2023
yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.
Normally to receive WC benefits you must attest that you... View More
Due to a mass layoff. Does this mean I can file for unemployment.
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answered on Nov 30, 2023
Under California law, signing a workers' compensation settlement does not automatically disqualify you from filing for unemployment benefits. However, there are specific conditions that must be met to be eligible for unemployment.
Firstly, you must be unemployed through no fault of... View More
or to the employer?
answered on Nov 18, 2023
The carrier. They want their money back (or a percentage of it) from your award. It sounds like you have a third-party personal injury action. Your employer is not likely to be asserting a lien. But check with your attorney for definitive guidance based on your situation. Good luck
or to the employer?
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answered on Nov 15, 2023
Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially... View More
What form does my doctor fill out to request my wife being home from work to care for me.
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answered on Nov 11, 2023
In California, if you've been deemed 100% disabled from a workers' compensation case, your wife may be eligible to receive payment for caring for you at home. The process typically involves having your doctor complete a specific form that details your need for at-home care and the role... View More
What form does my doctor fill out to request my wife being home from work to care for me.
answered on Nov 14, 2023
My clients who have had some success with this are without assets and entitled to In-Home Support Services, IHSS. So the Treating PHysician writes you require HOME HEALTH CARE with a Care Provider, You apply to In-Home Support Services IHSS for a caregiver and your wife applies to be your... View More
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
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answered on Nov 9, 2023
Here are a few suggestions on how your cousin can proceed with his workers' compensation claim for his hip injury:
- Document everything. Keep detailed records of all injuries, symptoms, treatments, conversations with the claims adjuster, etc. This documentation will be key evidence.... View More
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
answered on Nov 9, 2023
Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More
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answered on Nov 8, 2023
In California, workers' compensation insurance policies must be properly filed with the Workers' Compensation Insurance Rating Bureau (WCIRB). If an insurance company settles a workers' compensation claim, it is typically required that the policy under which the claim is settled be... View More
3 years ago i suffer i an accident, twisting my wrist while i was drilling on a steel gutter the incident was properly reported to my supervisor , at first i thought was only the hit but 8 months later find out that my scaphoid on my right hand was broke, orthopedic check my wrist and told me that... View More
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answered on Oct 31, 2023
Under California law, for work-related injuries, the primary remedy is through workers' compensation, not personal injury. There's a statute of limitations on workers' compensation claims. Typically, you have one year from the date of injury to file a claim.
However, if the... View More
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