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California Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: Can my employer assign me to do meaningless work while on work restriction?

I've injured my dominant hand and arm at work, (very recent). I am unable to write with my other hand. I was put under restriction from a doctor, stating not to use my hand or arm. Im receiving endless comments from supervisors and managers that I need to learn to use my other hand to write... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Do they have suitable work and a reasonable accommodation to provide 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, testimonials, and media... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I was P&S in 2003...With an 82% rating from DEU. In 2009 I suffered a second on the job injury different body part. I se

I was P&S in 2003...With an 82% rating from DEU. In 2009 I suffered a second on the job injury different body part. I settled that WC case in 2012 with 35% DEU rating. Does the 82% DEU rating from 2003 still apply in my unsettled 2000 WC case? It is a California WC case.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

It depends on whether there are relevant injuries. Speak to a Worker's Compensation lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

2 Answers | Asked in Workers' Compensation for California on
Q: My Workers Comp doctor wants my personal doctor to sign off on surgery. She refuses and says its a Workers Comp issue

When I took it back Workers Comp surgery was scheduled only to be cancelled later that day citing it wouldn't be scheduled until my doctor signed off on it. Now what do I do?

Domingo R. Castillo
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answered on Jan 10, 2017

Based on your complicated situation, you need to speak to a Workers Compensation Attorney as quickly as possible. Workers Comp is a very tricky and complicated system. Doing it alone without an experienced attorney will give you more problems.

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: My boss is not giving me my check stubs and I see some money missing in my check. Their is more also.

Another thing is that he gave the girls less hours and he gave the boys a full schedule, plus he is putting harm chemicals in a locker which has not been approved by the company. My hours have shortened even when he asks loads of me. For I am in charge of inventory. deliveries for food and drinks,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

You can file a wage claim with the Dept of Industrial Relations.

See: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal...
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1 Answer | Asked in Employment Law, Workers' Compensation and Education Law for California on
Q: I was wondering what the cap was on paying volunteers a stipend before they are considered an employee?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2017

If you're a for-profit company, you may be in violation of CA and federal employment laws if you're not paying people working for you, as volunteer positions generally apply only in the non-profit sector. The best first step is an Initial Consultation with an Attorney. You can read more... View More

1 Answer | Asked in Business Law and Workers' Compensation for California on
Q: As a s corp if i employ my kids as employees do i have to cover them with workman comp insurance?

Kids work from home

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

If you're treating them as employees, then treat them as employees, with all the related duties that are incumbent upon you, including worker's compensation insurance where applicable. More facts are needed here, including what type of business you operate and whether they're... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: In 2003 I received retraining with work restrictions-no more than 2 hours typing per day. How can I lift restriction?

The final exam Doctor noted my age (21 then) and said if I'm doing better in a decade or so I can probably get a judge to lift my work restrictions. My husband is unemployed and we're now on welfare and I need to make a better life for our kids.

My diet changes have stopped all... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 6, 2016

It will cost MONEY because the doctor won't write a report for free.

This report is at least 13 years old... it has been destroyed by the physician's office and the attorneys' offices. it might be in a govt claim folder but it was probably destroyed as well...those...
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1 Answer | Asked in Workers' Compensation for California on
Q: Does the presence or the fact that I was given aNurse Case Manager then mean that the insurance is not trying to pay me?
Domingo R. Castillo
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answered on Nov 21, 2016

Depends on many issues and your set of facts. My experience with nurse case managers is not positive and I do not allow them to meet with my clients at all unless my client is bedridden or severely injured. I suggest you contact a competent worker's compensation attorney and speak to him/her... View More

3 Answers | Asked in Medical Malpractice and Workers' Compensation for California on
Q: I am on medical leave and requesting workers comp. Am I obligated to work with the nurse case manager assigned to me?
Domingo R. Castillo
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answered on Nov 21, 2016

You are not obligated to deal with a Case Nurse Manager. They usually get involved when the worker's comp case is very severe. However, they are sometimes used by the claims adjusters to get close to you so that they can spy on you and report back anything that is of interest to the adjusters.... View More

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1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: There was an accident in our workplace resulting the death of one of the worker. I was sent for 1 week break without pay

When I want to go back to work after a week, I was told that I look like I am not fit to work yet and take more some time off. I was not paid wages those days I was not working. I am entitled for those lost wages?

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

This is a Wage Dispute (not a Workers Compensation claim...there was no on-the-job injury or disability described). You can go to www.dir.ca.gov and find the "WAGES" tab and that should lead you to "File a Wage/Earnings Dispute" and request a hearing to get a conference date.... View More

1 Answer | Asked in Workers' Compensation for California on
Q: do I need a legal form submitted to the court on a work comp case to fire my attorney
Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

several forms and service by mail are required. you should meet with the Information & Assistance Officer -- the "I&A" officer -- at the WCAB office where your case is filed to do this properly, it's fairly involved.

2 Answers | Asked in Workers' Compensation for California on
Q: Can ins co atty request "new" med release 10 months post injury after claim was denied?

Ins Co has atty now working the claim. I filled out and returned med release immediately after I received it-ins com got some med records but failed to get others. original claims person did little claims adjusting thinking I would just go away after denial. Do I need to do anything...thought... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Can ins co atty request "new" med release 10 months post injury after claim was denied?

Ins Co has atty now working the claim. I filled out and returned med release immediately after I received it-ins com got some med records but failed to get others. original claims person did little claims adjusting thinking I would just go away after denial. Do I need to do anything...thought... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should... View More

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2 Answers | Asked in Employment Law, Workers' Compensation and Sexual Harassment for California on
Q: Sex with my boss/owner. Now I'm fired. What next?

Hired in Aug 2014. Fired in Sep 2016. I had a sexual relationship with the owner for most of my two years of employment. We were on-again-off-again relationship. I had a sexual relationship with a different girl (unrelated to work) and my owner found out. Since that happened, she has wanted me... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

There is no Workers Compensation claim here. There is no physical injury with residual physical disability arising out of the employment and in the course of the employment. Drinking on the job is 'good cause' for termination (yes, even if others are doing it and haven't yet... View More

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1 Answer | Asked in Employment Law, Sexual Harassment and Workers' Compensation for California on
Q: Can I seek workers comp for hostile work environment conditions?
Nancy J. Wallace
Nancy J. Wallace
answered on Nov 9, 2016

In California, psychiatric injuries are only recognized for extraordinary, sudden events like a terrorist shooting or being pistol-whipped on the job. Feeling judged unfairly by a boss is neither sudden nor extraordinary. If your boss struck you physically and you filed a criminal complaint... View More

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I am off and getting 4850. I want to travel on vac with family. Can employer stop 4850 and make me use vac time?

CA Police Officer. Can employer require that I notify them if I am travelling and make me use vacation time instead of paying me 4850 even though I have medical certification that I am unable to work?

Domingo R. Castillo
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answered on Oct 14, 2016

As a general rule, no. Whether you are at home, hospital, staying with friends or on a short vacation, not employed elsewhere, and not doing any activities that are precluded by your work Comp doctors (PTP) or Primary Treating Physician, you should be okay. However you will need to attend all your... View More

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1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Am I required to use my PTO or CA SL hrs to cover missed time going to Dr appts and PT for a WC injury?
Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2016

The employer does NOT have to pay wages for time in treatment... that is a urban legend that just isn't true. THE SOLUTION: insist on treatment before or after work. YOU ARE NOT required to stay with a physician who only makes appointments that force you to miss work. SWITCH to another... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I had two Carpal Tunnel releases in less than a year. The first doctor that Worker's comp set me to, did not do the

release properly. My new Doctor had to do a second release 10 months later. Still recovering. Is it reasonable to have my lawyer ask to settle at sixty thousand, and negotiate down to forty thousand? Before second surgery, insurance company was having my lawyer call me to give them a number to... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 11, 2016

I can't tell from these facts. Getting two surgeries gets you $0.00 if you fully recover, so getting repeat surgeries 10 months apart just means your attorney let an incompentent doctor slice on your twice.

There is zero 'pain & suffering' in Workers Comp, so there are...
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1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for California on
Q: so a license physical therapy assistant (PTA) can work under supervision of a Physical Medicine & Rehabilitation doctor.

we understand that the cap for PT is 24x unless there's surgery involved for WC. We are a multispecialty clinic, are we complaint with the Stark Laws for physical therapy since it would be a supervised in-office therapy services?

Peter N. Munsing
Peter N. Munsing
answered on Oct 6, 2016

You would want to check with the PT association for California--they could best tell you what is and isn't compliant, paperwork you may need etc.

1 Answer | Asked in Workers' Compensation, Employment Law and Health Care Law for California on
Q: can a physical therapist assistant (PTA) work under a PM&R physician instead of a physical therapist?

this is in regards to physical therapy treatment.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 5, 2016

For purposes of treatment under 4600 of the Labor Code, anybody can deliver physical therapy. A 'massage' therapist, a chiropractor, a medical 'assistant' at a clinic ,,, IF the patient accepts services from sub-standard untrained staffer and the clinic bills that out as... View More

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