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California Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for California on
Q: Is there anyway to reopen a Workers comp case that's been settled for about 6yrs.To have the monthly Modified

Its was put into Annuity

Ruben Montoya
Ruben Montoya
answered on Mar 7, 2017

Not really a WC question. You can call the company administrating annuity directly.

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: What should i do?

The GM at the restaurant i work at is also the HR manager. Knowing this, i have noone to turn to as far as fileing a complaint and dont know what to do about it. I was hired for a specific job in the establishment, yet every chance the managers are given, i am doing extra duties (moving furniture... View More

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You might have a discrimination claim (employment law) and a psych case due to manager singling you out (psych). I recommend that you get a free consultation for both. Good Luck

1 Answer | Asked in Workers' Compensation for California on
Q: I have an open workers comp case. Can they place a surveillance camera on private property to watch me and my family?

I found a egg shaped "game camera" just on the other side of my property pointed directly at my property.

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

They can do surveillance on you however they cannot place cameras on private property without consent.

1 Answer | Asked in Workers' Compensation for California on
Q: What do i do!?

I have a workmans comp case injury. Though it is now closed. I still have medical open. Therefore, my attorney still represents me, with helping get me seen by doctors or on the potential future medical settlement part. The point is, my attorney hasnt got me the help i need. Or the insurance hasnt.... View More

Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

I do not understand your question or how anybody can answer it. I'll try my best.

What can you do? You can drop attorney and represent yourself on the management of your future medical. The Stipulation you signed (settlement docs) should dictate what body parts you get treatment...
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2 Answers | Asked in Workers' Compensation for California on
Q: I am receiving Worker's Comp. temp. perm. disability. Can I drive for Uber while disable? I am just driving
Ruben Montoya
Ruben Montoya
answered on Mar 3, 2017

You can if doctor permits it and you are complying with restrictions. However once you work you are no longer temporary TOTALLY disabled and your payments will be deducted or stopped. If you make less driving than what you did at your job you got injured on you can make an argument that they... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Injured my right foot at work and unable to drive and must Uber to and from work. Should they reimburse me?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

See: http://www.dir.ca.gov/dwc/InjuredWorker.htm

Yes, that is quite possible. 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, awards, honors,...
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1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for California on
Q: My wife did marketing her previous employer hasn't reimbursed her for a credit card bill is there any legal action we

Her employer would tell her to use her credit card for expenses and would reimburse her at the end of the month but she just quit 3 weeks ago and now she keeps asking about the reimbursement and they seem to give her the run around is there any legal action we can take? Oh and it's a 10... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

You can sue in court for breach of contract. Gather evidence and contact a lawyer. 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, awards, honors, testimonials,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Is it legal for work related interview from insurance company to interview coworker about your medical condition
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

See: https://equity.ucla.edu/wp-content/uploads/2016/06/Questions-to-Avoid-dfeh-161.pdf

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, awards, honors,...
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2 Answers | Asked in Workers' Compensation for California on
Q: My Uncle was permanently disabled on the job in CA, and his settlement required that all his medical treatment and care

related to his disability would be covered for life. The workers' comp company is no longer paying for much of what they agreed to. What can I do? The law firm that handled the claim is no longer in business.

Domingo R. Castillo
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answered on Feb 15, 2017

You need to contact an experienced workers comp law firm or attorney to discuss these issues. Many issues would have to be reviewed such as whether your uncle is seeing an authorized physician and whether he is sending all the med reports and requests in writing to the insurance carrier. Best bet... View More

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3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg
Ruben Montoya
Ruben Montoya
answered on Feb 15, 2017

The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can... View More

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1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

I mean if try to work how much money i can make year and not effect my SSA benefits

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .

1 Answer | Asked in Workers' Compensation for California on
Q: I'm Trying to sue State Compensation Insurance Fund, they asked me to pay $5500!

They are charging me because I have to pay commission to hotels to get limousine jobs, I have a transportation company and this is customary for us to pay commission to the bellman or front desk agents for referrals, they looked at the checks I paid to these agents in my bank account and counted... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Have a lawyer review the details of the case. Did you make an appearance in the suit against you? 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, awards, honors,... View More

2 Answers | Asked in Workers' Compensation for California on
Q: I was injured on a job over 10 years ago and I my doctor wrote me out 0% disabled with the possibility of surgery needed

Again in the future. Its now the future but, who's responsible for the surgery?? There was never a timeline put on the paperwork

Domingo R. Castillo
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answered on Feb 11, 2017

You need to seek legal counsel with a competent Workers Compensation Attorney. If the matter was Stipulated with Medical Open for the Future, you will probably need to go through the insurance carriers Medical Provider Network of orthopedic doctors. However, most of them are not on your side so a... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: WC wants Me to sign medical release form for all medical and dental records. Do I have to sign this?

They want me to sign a medical

Release form for all my medical and dental records. Not all records are related to my injury. They say claim may be denied if I don't. Do I have to sign to release All medical records?

Domingo R. Castillo
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answered on Feb 11, 2017

The workers Comp insurance company always request a list of all your past medical history. They do this to see if they can find any reason to either deny your claim or reduce the value of your claim by finding pre-existing injuries, disease or symptoms that may contribute to your current claim. At... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it legal for a workers compensation doctor to give a pregnancy test during an appointment for a minor hand injury?

No I did not give permission.

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

Did you consent to a pregnancy test? Not possible to answer your question with limited facts provided.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Hi I'm out on a workers comp injury and sustained another injury unrelated. Neither are complicated. Do I need lawyer?

I will likely need a few more weeks off work to heal second injury. There will be overlap.

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

You should get an attorney. There are many factors that come into play. For example if you are out on a knee injury and you were walking and due to your WC injury you incurred another injury not at work a good WC lawyer will fight to establish that due to your WC injury you incurred this new... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I have workers comp case and need surgery. I found out owner is closing business. What happens with my case?

insurance company has been stringing this out for a year.surgery was postponed because of failed pre op.i now have clearance but doctor hasn't rescheduled surgery yet

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

The closing of the business should have no effect on your case since you are dealing with WC Insurance which covered the employer at the date of injury. However I highly recommend that get a free consultation by a local attorney for your injury. Remember that WC attorneys work on a contingency... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: 5 years after back injury, delays by Co. WC atty, nerve damage from lack of definitive care, can we sue Co. ?

patient worked in E.R. lots of back strain, developed nerve impingement, entered WC system, hospital's WC atty instigated a series of delay tactics spanning several years, hoping claimant would give up. After four years a small settlement is expected. Patient incurred additional nerve damage... View More

Ruben Montoya
Ruben Montoya
answered on Feb 10, 2017

What you are going through is very common in WC and unfair in the opinion of many. The current condition of the WC system is due to changes done in 2013 when the IMR was implemented and power taken from attorneys and judges and solely given to medical unit and IMR (Independent Medical Review).... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Can a job provide accommodations for months and then say they won't anymore?

I have a back injury I got at work and am on workmans comp and for six months I've been accommodated and now work is saying they won't do it anymore and want to move me to another lower paying position. They can still accommodate me if they choose to. Is this legal?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: https://www.eeoc.gov/policy/docs/accommodation.html

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, awards, honors, testimonials, and media...
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1 Answer | Asked in Workers' Compensation for California on
Q: can they with hold a christmas bonus if your on workmans comp
Nancy J. Wallace
Nancy J. Wallace
answered on Feb 6, 2017

An employer is not permitted to treat a worker differently just because she requested Workers Comp benefits, so no. NOTE: if the 'bonus' is based on wages for work and you did not work this year, you were off work being paid Temporary Total Disability indemnity by the insurer all year,... View More

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