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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: never received ttd on my case but doc recently put restrictions on work. can i get ttd now even if i am not working.
Nancy J. Wallace
Nancy J. Wallace
answered on Sep 30, 2016

You're in Florida asking about a California Workers comp case... so, IF YOU are labeled Temporarily Totally Disabled from your CALIFORNIA job by a physician within the Medical Provider Network for that employer's comp insurer (no, you can't use your florida chiropractor), only THEN... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I am able to apply the old schedual 1997 to my WC case. is it much better than the 2005 scheduale? Would it be better

I was found 100% disabled and P&S on

11-12-2003 by my primary treating phyasician. I am trying to settle my case after 17 years. Its been draged on and delay by the Defence Attorneys? .

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 31, 2016

For 100%, the Labor Code says you get the Temporary Disability rate payment every week for life... so it doesn't matter which 'schedule' you use.

NOW: if the defense attorneys are offering some lump sum based on 90%, it's most likely a little higher on the old 1997...
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1 Answer | Asked in Workers' Compensation for California on
Q: I am going to court for workers comp case and the Dr just released me back to work will i still receive money

Will I receive checks until court is done

Also I have no job to return to because I was laid off while having surgery and recovering

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 31, 2016

Do you receive money when the treating physician writes you can return to all pre-injury work? Maybe.

You will NOT receive Temporary Total Disability indemnity, so no more TTD or TPD checks.

The day the Treating Doctor says "this is your final visit; you don't have to...
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1 Answer | Asked in Workers' Compensation for California on
Q: My case is almost resolved, my Dr. sent the final supplemental report, & waiting for authorization from opposite side

What is the authorization for, and how long is this suppose to take before everything is settled after the authorization has been received by my Doctor and lawyer?

Nancy J. Wallace
Nancy J. Wallace
answered on Aug 31, 2016

Authorization is ALWAYS about money! How long is it 'supposed to' take? Sad to say, there is no set time. If the Insurance Adjuster thinks the Treating doctor's opinion is too generous and you really don't have as much disability as the Treating Doctor writes, then she can... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Fell @ work filed a report. Im working & have WC DR & PT apts. Work wont allow sick or vacation 2 cover loss pay.Legal?

Employer insisted I see WC Dr. who prescribed Physical Therapy. The PT is working but both the Workers Comp Dr & PT is only open during my business hours. It seems there is only 1 WC Dr office in the area and appointments regularly run 1 or 2 hours late (sometimes more.) I am loosing 6 or... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

Contact a member of www.caoc.org who handles workers compensation cases in your area--they give free consultations.Seems to me under most state laws comp should pay you for the time (but that will be at the comp rate).

1 Answer | Asked in Workers' Compensation for California on
Q: highest amt for msa w/o red flags from judge or ss

Calif. case1998 retired for 4 years. Bi-lateral knee replacements with both feet incl.

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

Not sure what you mean by red flags, but if you mean that you will try to get this without social security knowing, don't. Federal fraud isn't pretty, nor is state fraud. Retired doing time isn't great either. Pelican Bay isn't a seaside resort.

Why not get a free...
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1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: I am sure I have a case , I do not know if it falls under one or more categories ?

I was to report to work across the country from ca.to ga. I got there was told there is no position for me I was not expected . . tho my last paycheck from previous project was there in ga . to be picked up by me . spent all savings , relocating and waiting for a call to start work . mo this of... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

Contact a member of www.caoc.org who handles employment issues--they give free consultations.

1 Answer | Asked in Workers' Compensation for California on
Q: Would it be beneficial to get a second opinion in a WC case?
Andy Chen
Andy Chen
answered on May 20, 2016

In general, I say that getting multiple opinions on anything is a good thing. Obviously, though, I have no idea whether getting a second opinion is a good idea in your specific case.

Getting another opinion costs money, of course. You have to decide whether that cost is worth it.

Andy

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

But my salary(pay check) never paid me on the second week. It's the 4th week from started, it hasn't paid me yet. I asked to the owner about it on the 2nd week, the owner answered me "we are going to pay you, so don't worry about it." But my salary never paid me at all.... View More

Andy Chen
Andy Chen
answered on May 20, 2016

The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: i am at the end of my wc case, since my doctor is being a prick, do i have to do the knee surgery. what r options.

At the doctors office, I made my ortho doctor aware that i was absolutely scared about the forthcoming knee surgery. He got upset and said to trust him, that he and another doctor were going to operate. i asked him who that doctor was, he would not ever give me a name, he just said he was a good... View More

David Alan Wolf
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answered on Apr 18, 2016

It is a reasonable to request the name and credentials of the doctor who will be performing the surgery. You should discuss these and other issues with your worker's compensation attorney. I do not see a cause of action per se against the doctor. Medical malpractice cases are quite... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I received Worker's Compensation pay while off of work due to an injury. Will I be required to repay that money?

I received Worker's Compensation pay while off of work due to an injury I received while working. I was hit by a car in a parking lot (pinned physically between two cars) We have gone to mediation and will be settling soon. Once we settle will I required to repay workers comp insurance for... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2015

Probably not. Workers compensation is precisely for that: lost wages for being off work due to a work-related injury (as well as medical expenses).

1 Answer | Asked in Workers' Compensation for California on
Q: I am unable to attend drill due to a neck injury what can I do to prevent me from furthering injury if they request me

I have my medical documents that say i need bed rest for 2 weeks before i am able to do activities again.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

Drill? What do you mean by that? If you are on bedrest, then they cannot expect much more from you.

1 Answer | Asked in Workers' Compensation for California on
Q: Can a roofing company charge the client for workmans compensation insurance for its workers?

We get a cost estimate which includes an item which says, Price includes workers compensation and liability insurance,question, why does the client pay their insurance?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2015

Perhaps because the roofing company is just starting out, and have not needed such coverage before. I would require proof that the company is bonded before agreeing to the estimate. Also, of course, ask why overhead such as these insurance premiums are not amortized among all of the... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Just reached Signing WC settlement offer, after one month of insurance getting it ready to be signed why they dint?

But now its been two weeks plus, they have not signed it, so a judge has not signed it either according to a paralegal at Larry H Parker. Well their was a court day upcoming, whats going on? Will the court day now be a factor? In two weeks only one call back from Larry, could it have been... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

You have to ask your own attorney about all of this.

1 Answer | Asked in Workers' Compensation for California on
Q: Settlement letter from my attorney.

7 years ago I injured my leg at work. I moved from area moved with family financial problems. Have not heard from attorney for 4 to 5 years got letter 6 months ago if i wanted settle my medical. There therapy H wave machine I've been using since I moved. I've been trying contact him... View More

John M DeProspo
John M DeProspo
answered on May 13, 2015

Your lawyer is the only one who knows what's going on. Keep trying to call him... sent him emails.. if need be, send him a certified letter asking that he call you immediately.

1 Answer | Asked in Workers' Compensation for California on
Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

HR now wants to see me and possibly sign paperwork? Good idea or bad idea. Is the company trying to protect their interest, so they don't get sued??

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you... View More

1 Answer | Asked in Workers' Compensation for California on
Q: If I own a business and my children work there, am I required to carry workman's comp. on them?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 24, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should carry worker's comp insurance for all employees.

1 Answer | Asked in Workers' Compensation for California on
Q: is it possible to get records of past Workman's Compensation cases?

I was injured in a job related traffic accident around 1979 and saw a Doctor Robert Smith (at a Fireman's Fund office I believe), who diagnosed my spinal bifida in the course of his x-ray examinations so I could return to work. I need to get a copy of the x-rays for current issues.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can contact the doctor's office and request copies of your file. It may well be that they do not keep records dating back to 1979. If they do, they should be able to make...
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1 Answer | Asked in Workers' Compensation for California on
Q: what do you do if your work comp lawyer has passed away
Andy Chen
Andy Chen
answered on Nov 28, 2014

Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

1 Answer | Asked in Workers' Compensation for California on
Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

I was told by doctor that it's 80% chance that both knees will need replacing what kind of settlement or ball park I'm I looking at

Andy Chen
Andy Chen
answered on Nov 28, 2014

You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at... View More

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