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Workers' Compensation Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

This is a question you need to speak to your workers compensation attorney about. If you do not have a workers compensation attorney, you need to get one. You need an advocate that will fight to get you all of the benefits you are entitled to receive and if you are trying to do this yourself... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can 2 QME reports Along with Supplemental Reports last One Done July 2020 Be Stricken Because Dr died ?

I have an Attorney , I question his statements Seriously injured in 2017 . First QME report would give me lifetime disability benefits , insurance company sits on report for a year. I go back to same QME one year later , my condition worsening . 2nd report in July 2020 now gives me a rating of... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 1, 2021

MAYBE. If there is any NEW evidence the evaluating physician would need to see to render an accurate opinion, then you have to pick a new QME. IF a Party said they planned to depose the QME when they had the records collected and they proceeded reasonably (they didn't wait 3 years before... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Injured at work 09/09 2019. Had a surgery 01/22/2020. Treating doctor (also the surgeon) issues 2% WPI in Aug 2020.

QME doctor issues 17% in Jan 2021. Claims admin objects to the medical determination, report, conclusions regarding causation, apportionment, disability, impairment, work restrictions and treatment. They want a supplemental report, PQME Cross-examination and to obtain additional records, etc.... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 20, 2021

Your options are to file / serve DOR for a trial immediately. Defense has had the QME report for more than a month, it should have obtained these records BEFORE the QME saw you, and the QMEs deposition should have beend scheduled already. YOu are ready for trial for a decision on the jan. 2021... Read more »

1 Answer | Asked in Workers' Compensation and Construction Law for California on
Q: I was trying to service an ac unit on the 2nd roof of a townhouse a roof tile broke under my ladder, broke my ankle

I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 20, 2021

This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved... Read more »

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: Who does Workers Compensation of North Dakota answer to. If I had a complaint who would I talk to.

Why won't a lawyer in ND represent me in front of a law judge. Because injured workers in North Dakota get nothing. Thank you

Tim Akpinar
Tim Akpinar answered on Feb 20, 2021

This is something on which a North Dakota attorney attorney could advise best, but your question remains open for four weeks. For insurance matters, most every state has a department of insurance. Situated in Bismarck, there is the North Dakota Insurance Department. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: How far in advance do I need to inform my staff that there will be no work for the day and they do not need to come in?

I am putting together a S.O.P for our company about calling off the staff due to light work load, how far in advance do I need to let them know?

Neil Pedersen
Neil Pedersen answered on Feb 19, 2021

The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: We have received payment for QME and Supp. report only by DOR, now we are requesting self-imposed P & I.

We have an order from a judge and still nothing for P&I which is over 4k (worth going after).

Tim Rose
Tim Rose answered on Feb 15, 2021

I don't see a question there, but Nancy Wallace can probably help you out in CA https://lawyers.justia.com/lawyer/nancy-j-wallace-1486668

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Would someone loose a lawsuit or not be able to file if they where given choice to resign or retire or be fired

Question had little room to give exclamation. But what I mean is for name sake let’s say Donna works a job. Donnas boss Scott (again for name sake not a real name) gives her three options. Let’s say Donna is retirement aged. So Scott says to make a long conversation short. Donna you can resign,... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 10, 2021

Generally speaking, in order to prove she was unlawfully terminated in your scenario, Donna would need to prove (among other things), that she suffered an adverse job action. Donna could claim she was constructively discharged if she was forced to resign or retire, in lieu of termination to meet... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Workers' Compensation and Legal Malpractice for Tennessee on
Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.

I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance... Read more »

2 Answers | Asked in Workers' Compensation and Arbitration / Mediation Law for Massachusetts on
Q: In my worker's compensation claim, the employer's side hasn't shown to mediation for the 3rd time. What happens now?

I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it

Laura Kiley
Laura Kiley answered on Feb 9, 2021

Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the... Read more »

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: How can find out how to proceed with a worker’s compensation case in witch I habe shoulder surgery and I was lay off ?
Tim Rose
Tim Rose answered on Feb 5, 2021

You should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

1 Answer | Asked in Workers' Compensation for Oklahoma on
Q: My husband was released back to work January 14th. Can we ask workers comp about a settlement
Tim Rose
Tim Rose answered on Feb 5, 2021

Yes, but you should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

2 Answers | Asked in Workers' Compensation for Oklahoma on
Q: Can you ask workers comp about your settlement

My husband was hurt on October 7th at work

He was released January 14th mmi. We wanted to ask workers comp about a settlement but we're not sure we should

Hans Otto Lehr
Hans Otto Lehr answered on Feb 5, 2021

Whatever you do, do not engage in settlement negotiations with an insurance adjuster until you have an attorney representing you. The insurance company will not take you seriously without representation.

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Hi I'm subcontractor I have my LLC i don't have employees just my self I need carry workescomp by az law?
Tim Rose
Tim Rose answered on Feb 5, 2021

Under Arizona law, employers with one or more full-time or part-time employees must secure workers’ compensation insurance. An LLC can choose whether to cover a Member or not.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I am looking to avoid paying for Workers Compensation Insurance.

I understand there are two ways, please confirm:

1. Keep company ownership as is (100% owned by my wife) and obtain NJ approval for self insurance. How can I do it? any form to fill? submit to where?

2. Transfer 100% company ownership from to me (as I am the only one who does work... Read more »

Tim Rose
Tim Rose answered on Feb 5, 2021

Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on
Q: i worked at amazon as a toterunner and i had to pass a area everyday that blasted a alarm horn in my ears at a crazy

loud now my ears never stop ringing and giving me headaces with no sleep

Tim Rose
Tim Rose answered on Feb 5, 2021

Report this to your employer, then see a doctor.

1 Answer | Asked in Workers' Compensation and Health Care Law for Virginia on
Q: My employer's insurance wants my entire medical record to file my back injury claim. Do I actually have to give that?

I am a healthcare worker who was exposed to an aggressive patient who caused a repetitive stress injury to my back over the course of my shift. I filed an incident report before clocking out and went to the doctor immediately, and due to timely intervention was back to baseline within a few days.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

I'm sorry about your injury. An experienced workers' comp attorney should answer your question, but it remains open for five weeks. As a GENERAL doctrine of insurance law in virtually any setting, insurance carriers generally have the right to request prior medical/accident records that... Read more »

2 Answers | Asked in Business Law, Employment Law and Workers' Compensation for New Jersey on
Q: Do I need Workers Compensation Insurance if I have no employees in the business, except myself?.

We are family consulting microbusiness, owned by my wife (she does not do work in this business). I feel Workers Compensation Insurance is useless for us, but dont want to pay fine for not having it.

Thank you

Gregory

Tim Rose
Tim Rose answered on Feb 3, 2021

You may still be required to carry workers comp insurance. Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

"Sole Proprietorship – All sole proprietorships operating in

New Jersey must maintain workers’...
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1 Answer | Asked in Legal Malpractice, Employment Law and Workers' Compensation on
Q: Is it legal that my company ( a famous airline ) lock me inside a building for quarantine without any way to get out ?

I work in a famous airline in the middle east and due to travelling alot I was called and informed that I will be in quarantine knowing that the company offer accommodation where I stay and the doors can only be opened using the company ID.

I didnt feel safe when I realised that they... Read more »

Tim Rose
Tim Rose answered on Feb 3, 2021

No. Contact an employment or criminal defense attorney immediately.

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