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2 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for New York on
Q: Can my employer demote me due to work restrictions from a workers' compensation claim?

Does my employer have the right to demote me due to work restrictions from a workers' compensation claim? After an accident, I held a supervisory position, but due to restrictions from my doctor, I cannot stand for long periods or lift heavy objects. I was initially on light duty with half-day... View More

Lyaman F. Khashmati
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answered on Nov 6, 2025

Your employer is generally not allowed to demote you just because of work restrictions from a workers' compensation claim or because you filed such a claim. This is considered retaliation and is illegal. However, employers may demote employees for reasons unrelated to the claim if they can... View More

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3 Answers | Asked in Workers' Compensation, Employment Law, Health Care Law and Personal Injury for California on
Q: What recourse do we have if my husband's employer doesn't accept his neurologist's return-to-work terms?

My husband is currently on disability from work due to a minor stroke he suffered on March 31 of this year. His neurologist completed a return-to-work form with stipulations, including a reduction in hours, due to his ongoing recovery. If the company doesn't accept these terms, do we have any... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 6, 2025

There is not enough information to provide an exact answer. For me the question is whether or not your husband has reached maximum improvement, or if he still needs time to recover. If the work restrictions are not permanent, then your husband is still entitled to wage loss paid biweekly if the... View More

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3 Answers | Asked in Workers' Compensation, Employment Law, Health Care Law and Personal Injury for California on
Q: What recourse do we have if my husband's employer doesn't accept his neurologist's return-to-work terms?

My husband is currently on disability from work due to a minor stroke he suffered on March 31 of this year. His neurologist completed a return-to-work form with stipulations, including a reduction in hours, due to his ongoing recovery. If the company doesn't accept these terms, do we have any... View More

Michael R Trust
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answered on Nov 6, 2025

Hello. Your husband's employer is required to engage in the interactive process with your husband for the purpose of determining whether or not a reasonable accommodation can be made, given the doctor's work restrictions. There are a variety of factors that go into this. Requesting... View More

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3 Answers | Asked in Car Accidents, Employment Law, Civil Litigation and Personal Injury for Florida on
Q: What should I do about a lawsuit from an old Doordash driving auto collision?

Two years ago, I was involved in an auto collision while driving for Doordash. My personal car insurance denied the claim, but Doordash's insurance managed the claim and resolved issues with the other party. Fifteen days ago, the other party filed a substantial lawsuit against me and Doordash... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2025

Doordash or its insurance carrier should have got a release from the other party and should defend this lawsuit in your behalf. They should retain an attorney for you.

It is unclear why your insurance denied the claim, but if Doordash can't be contacted you could also demand that your...
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Q: Can I pursue a UIM claim in CA with a wrongful death lawsuit?

I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 5, 2025

Your UIM comes into play... if... your 3rd party recovery is less than the limit of your UIM coverage (e.g. $300K). So if your recovery is $100K from another driver, then your UIM would cover the balance between the two policies (e.g. $200K). However, if you receive a $1mil. settlement... (or any... View More

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Q: Can I pursue a UIM claim in CA with a wrongful death lawsuit?

I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More

James Otto Heiting
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James Otto Heiting
answered on Nov 5, 2025

There is a lot that is not included in the question. I don't know what your lawyer was considering, or what the deeper facts are that may influence a decision. If the UIM gets you the policy limit, total settlement of money available to claimant(s) is $300,000, apparently, inclusive of the... View More

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Q: Can I pursue a UIM claim in CA with a wrongful death lawsuit?

I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More

John Rajaee
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answered on Nov 5, 2025

I’m very sorry for your loss. To answer your question, yes, but only under certain conditions. In California, you can make an underinsured motorist (UIM) claim after the at-fault driver’s liability limits have been paid out and your claim against that driver is resolved. UIM coverage isn’t... View More

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2 Answers | Asked in Medical Malpractice, Civil Litigation, Business Law and Personal Injury for California on
Q: Does transferring embryos to a surrogate with untreated endometritis constitute medical negligence, and are there grounds for a lawsuit against the IVF clinic?

I am an intended parent who paid an IVF clinic in California for proper surrogate screening. Our clinic transferred our two embryos into a surrogate who we later found out had untreated endometritis and a deficiency in vitamin D. This inflamed uterine lining meant that the embryos were unlikely to... View More

Christie Dudley
Christie Dudley
answered on Nov 5, 2025

This is a difficult and frustrating situation. Fortunately, it is more recoverable than a child born with defects or other problems. However, this is more a medical question than a legal one. The legal measure is "generally acceptable standard of care within the nationwide legal... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Can someone be arrested during a violent mental episode in Florida?

I am inquiring about the potential arrest of someone who had a violent mental episode in Florida, during which car damage occurred. There have been no previous incidents, but the individual is diagnosed with schizophrenia. Can they be arrested under these circumstances?

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Nov 4, 2025

Of course the person can be arrested if the circumstances show the commission of a crime. In some instances the police may delay an arrest by Baker Acting the person to a facility. In other instances the person is taken to jail. The existence of a past mental health history may be raised as a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Does the engagement ring belong to me or her father after breaking up?

I proposed to my ex-fiancé with an engagement ring that her father initially purchased for a great deal at $5,000. He offered to sell me the ring for $5,000, and I agreed. My parents witnessed the exchange of money. We might have text messages confirming this transaction, but I received no formal... View More

Stephen Arnold Black
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answered on Nov 4, 2025

Under Florida law, engagement rings are considered conditional gifts given in contemplation of marriage. If the engagement is broken by the recipient, the donor can usually recover the ring or its value. In this case, you paid $5,000 to your future father-in-law for the ring, and the daughter broke... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How to pursue a personal injury claim for a medication error in a CA mental hospital?

My son was admitted to a state mental hospital in California on October 10, 2025, receiving a regular dose of 2.5mg Olanzapine for mood disorder stabilization. However, from October 11, 2025, to October 27, 2025, the hospital mistakenly increased his daily dose to 25mg, contrary to the prescribed... View More

James R. Dickinson
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answered on Nov 4, 2025

Immediately consult a California medical malpractice attorney, as time if of the essence. To pursue a personal injury claim for the medication error, all medical records from the hospital, including prescriptions, dosage logs, progress notes, and lab results should be gathered. Preserve evidence of... View More

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2 Answers | Asked in Bankruptcy, Small Claims, Car Accidents and Personal Injury for Wisconsin on
Q: What can I do if a person who hit my car files for Chapter 7 bankruptcy?

I live in Wisconsin and someone hit my parked car. The other driver did not have insurance, and now they are filing for Chapter 7 bankruptcy while I was in the process of taking them to small claims court. I do not have insurance myself, but I do have photos and documentation of the damage. What... View More

Martha A. Warriner
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answered on Nov 3, 2025

Unfortunately, you probably do not have any good options. The bankruptcy filing (either chapter 7 or 13) stays any efforts you take to collect a payment from the debtor, including your potential small claims action, so there is no point in proceeding with that lawsuit. Since the person who hit you... View More

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3 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Can a fired worker in NY still receive workers' comp benefits?

I am a workers' compensation claimant in New York with a back injury that was initially classified as partial but is now considered total. I was recently fired for reasons unrelated to my injury (misconduct, specifically). I am still waiting for a court appearance regarding my workers'... View More

Michael J. McConnell
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answered on Nov 3, 2025

Generally the answer is yes: you can still typically get workers’ compensation benefits in New York even if you were fired, as long as your injury is work-related and you’re still disabled because of it. Being fired for misconduct doesn’t automatically stop your benefits. The key thing that... View More

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2 Answers | Asked in Domestic Violence, Employment Law and Personal Injury for Massachusetts on
Q: How to proceed after intervening in a domestic violence incident at work?

I am seeking legal advice regarding an incident I experienced during a home visit as part of my job. I witnessed a father physically attacking his daughter, and the situation escalated to the point where I had to intervene to protect the child. I reported the incident to my company and filed a... View More

Greg Vanden-Eykel
Greg Vanden-Eykel
answered on Nov 3, 2025

Sounds like an extremely difficult situation. Assuming you are eligible, you could ask your employer for information regarding Paid Family and Medical Leave ("PFML"), which you may qualify for to address your own serious health condition. The Department of PFML makes the ultimate... View More

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2 Answers | Asked in Nursing Home Abuse, Medical Malpractice and Personal Injury for Indiana on
Q: Can a nursing home NP discontinue hospice meds without consulting the doctor in Indiana?

In Indiana, my loved one was admitted to a nursing home while on hospice care. The nurse practitioner at the nursing home discontinued medications that were essential to their care without consulting with the hospice doctor. Is this permissible under Indiana law?

Charles Candiano
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answered on Nov 3, 2025

The sole distinction between a nurse practitioner and a medical doctor is that a medical doctor can perform surgery, whereas a nurse practitioner cannot. In practice, neither do. Accordingly, a nurse practitioner has the legal authority to prescribe or discontinue any medication at any time.... View More

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3 Answers | Asked in Child Custody, Family Law, Wrongful Death and Personal Injury for Texas on
Q: Do I get full custody if my ex-wife passed away?

My ex-wife recently passed away in a car accident. We have a 12-year-old child who lived with her. Our divorce decree granted us 50/50 custody. Do I, as the surviving parent, have the right to take him as the full custodial parent, or can my ex-wife's family seek custody? No steps have been... View More

Aimée  Robert
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answered on Nov 5, 2025

Under Texas law, as the surviving parent, you are generally presumed to be the most appropriate person to have custody of your child. This presumption applies even if the child primarily lived with the other parent after divorce, unless there are extraordinary circumstances such as abuse, neglect,... View More

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2 Answers | Asked in Landlord - Tenant, Animal / Dog Law, Personal Injury and Real Estate Law for Ohio on
Q: What legal actions are available for wrongful eviction, theft, mold issues, and entry by my apartment manager in Ohio?

I moved into my apartment in Ohio on July 1, 2025, and have consistently paid the rent. On August 4, I paid my apartment manager $1,420, which overpaid the rent, as it is $250. I have original copies of all receipts. Despite this, my apartment manager issued a 3-day eviction notice and changed the... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 2, 2025

I encourage you to invest in hiring a creditor rights and / or real estate attorney in the municipal court jurisdiction where the apartment is located. If you decide to go it alone you should read Chapter 5321 of the Revised Code (The Landlord-Tenant Act) carefully and bring an action for the... View More

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Q: How can my friend improve living conditions legally without risking his home?

My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2025

Sounds like a terrible situation.

If your "friend" is not in support of this legal question and inquiry, nothing can be done for him.

But, if he wants them to go, he needs to man-up and tell his girlfriend she needs to contribute to cleaning, paying bills, and if the feces...
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Q: How can my friend improve living conditions legally without risking his home?

My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2025

I think he has many options without risking his home.

First, as the owner of the home, he has the legal right to not allow animals other than service dogs and ESAs. If the animals belong to someone else, he should give them 30-days advance written notice to remove the animals from the...
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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Texas on
Q: Am I legally required to stay at the scene of an accident if the other driver is at fault?

I was rear-ended by another vehicle. After stopping to check if the other driver was okay, I left the scene because I had a sick child to attend to. Am I legally required to stay at the scene even though the other driver was at fault?

Aimée  Robert
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answered on Nov 5, 2025

Yes, in Texas (and most other states), you are legally required to remain at the scene of a motor vehicle accident, regardless of who caused the collision. Under Texas Transportation Code §550.022, a driver involved in an accident resulting in injury, death, or property damage must:

1....
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