Workers' Compensation Questions & Answers

Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.

If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy...

Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Feb 12, 2019
Ilene Stacey King's answer
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or...

Q: How do I find out if my employer has workers compensation? Do they have to file a claim or not? The doctor they sent me

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
You can call DWC in Austin or look your employer up online at the Texas Department of Insurance, Division of Workers' Compensation (DWC) to see if they are covered. The employer has the DUTY to report all lost time injuries to DWC and its carrier or it can be penalized for failure to do so. It is NOT your responsibility to report the injury to anyone other than your employer (within 30 days). In fact even if you beg the employer not to report your injury it still has the duty to report the...

Q: If your employers fires you while you are on workers comp in Texas . Does workers comp stop paying you wages ?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
Depends (I hate saying that) on whether you were terminated for cause or for a reason not your fault. If you are fired because you are no longer able to perform the functions of your job demands you may still be entitled to income benefits if you are not otherwise disqualified. A reason your benefits could be stopped is if you are at MMI and released to return to work. Also be aware once you reach MMI, assuming you are awarded IR, you are still entitled to impairment benefits awarded if you are...

Q: Can I file a suit for workers comp injury that happened in 2014?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Feb 8, 2019
Jerry Lutkenhaus' answer
You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two (2) year statute of limitations. You can call the Commission to check if your accident was ever reported at: 1-877-664-2566.

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 7, 2019
Ronald Mahurin's answer
1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Q: Permanent partial loss- knee injury. What would be proportionate ?deaf worker

1 Answer | Asked in Workers' Compensation for Mississippi on
Answered on Feb 4, 2019
Arthur Calderon's answer
It would be formulaic, and depends on other factors. You may want to consider reaching out to an attorney for assistance.

Q: Does workers comp pay for time off work for physical therapy

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 31, 2019
Glenn Neiman's answer
Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to get advice specific to your case. Good luck!

Q: what is the interest rate on retro TD and PD and does LC5814 apply

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 30, 2019
Ronald Mahurin's answer
Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury.

A 10% penalty on payments is required to be made by the carrier without request for late payments of TD.

On PD you would only be entitled to payments if your rating is high enough to generate payments...

Q: Yes I would like to know what retirement from employer and you also file for disability why would I have to repay money

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Jan 30, 2019
Mitchell Feldman's answer
The question is not clear. If you are retiring then how is it you are getting disability income? Most work comp lawyers including me will offer free consults on work comp matters. Find someone and make an appointment by phone or in person.

Q: Should I subpoena the defense’s witness?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 29, 2019
Ronald Mahurin's answer
Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not listed and has not been served, then it cannot be used at trial.

No, don't subpoena defendant's witnesses. Write a letter requesting a copy of the report. If it is not produced, object to it's use as...

Q: What type of petition do you need to release funds in at workers comp MSA California? is there a title form number?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 28, 2019
Ronald Mahurin's answer
You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical treatment is minimal, which means it is not worth much money

I believe you are suggesting a Compromise and Release where the insurance carrier buys out your claim completely. It is common, but...

Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

2 Answers | Asked in Workers' Compensation for California on
Answered on Jan 27, 2019
Ronald Mahurin's answer
No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.

Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Answered on Jan 26, 2019
Timur Akpinar's answer
Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee transitions from 33 1/3 percent to 40 percent. As a general matter, some attorneys could see the filing of an index no. as a milestone toward trial, or the completion of discovery, or the filing of a...

Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.

2 Answers | Asked in Workers' Compensation, Employment Discrimination and Wrongful Death for California on
Answered on Jan 26, 2019
Ronald Mahurin's answer
clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness....

Q: Is it common for Defense attorney to list an attorney lien in pre-trial statement?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 24, 2019
Ronald Mahurin's answer
It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other factors.

It is not unusual for an attorney to say no to a client who comes in for an intake interview and starts complaining that the WCJ is a liar and the former attorney was incompetent. The risk...

Q: Is it legal for comp liaison for your company to go into your Dr appointments ? Even if you don't want them too ?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 24, 2019
Jerry Lutkenhaus' answer
I have been practicing Workers Compensation law in Richmond, VA for over 35 years. I can tell you the nurse case manager who wants to be "push" and come into your examinations is a constant problem in Workers' Compensation cases. You can certainly advise the doctor you want a private exam. It is ultimately up to the doctor to decide how much interference he/she will tolerate from the nurse case manager.

Q: I got injured on the job 6 months ago didn't lose much time but I am traveling from appointment to appointment

1 Answer | Asked in Workers' Compensation for Kentucky on
Answered on Jan 24, 2019
John Robinson's answer
Under the Kentucky Workers' Compensation Act, you are entitled to recover wages lost due to treatment for your work-related injuries. Depending on circumstances, you may also be entitled to reimbursement for mileage to and from treatment and/or evaluations. If you have further questions, feel free to call the office. Our firm's primary workers compensation attorney, Mr. Benjamin Salyers, is out of the office this week, but I previously did quite a bit of workers compensation work for insurers....

Q: Where can I find records of a judge’s decisions and when he has worked with previously?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 23, 2019
Ronald Mahurin's answer
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes...

Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.

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