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Workers' Compensation Questions & Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on

Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave) Now no answers.

I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .

Neil Pedersen answered on Aug 23, 2019

Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: Can an injured worker pay a consultant for review of his/her w/c file vs an attorney?

Roy Lee Warren answered on Aug 22, 2019

Yes, I believe so. While a lawyer c/n be paid directly by an injured worker (IW), I do not recall any prohibition on what you ask. However a medical provider is forbidden from sending bills to IWs but you ask about a consulting expert type of person.

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on

Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs

I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?

Jeff Merrick answered on Aug 22, 2019

Greetings,

I recommend you check with Oregon Bureau of Labor and Industries.

Jeff Merrick

https://oregonlitigationattorney.com

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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on

Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases

F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on

Q: Personal Injury/Workers comp intervention

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Tim Akpinar answered on Aug 15, 2019

The heading for your question came through, but the question itself must have somehow gotten left off. You could try to repost your question. Good luck

Tim Akpinar

1 Answer | Asked in Workers' Compensation for California on

Q: I'm trying to find which case in the Workers' Comp. Appeals Bd

ether in Eyad as a strict American Medical Association (AMA) Guides rating of 58%, after the principles set forth in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal. App. 4th 808, 75 Cal. Comp. Cases 837 and Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.... Read more »

Ronald Mahurin answered on Aug 15, 2019

Both of the cases you are looking for are available through google by name, or on the DIR/WCAB list of important cases.

1 Answer | Asked in Workers' Compensation for Texas on

Q: What if the WC Dr tells you you have to find your own dr for a second opinion?

Roy Lee Warren answered on Aug 14, 2019

It depends on whether you have a "network doctor" that you were required to use as your doctor. Even so you have the right to request a change in treating doctor but be wise; do not change to obtain a different MMI/IR.

If it is not a network doctor you can request the DWC to appoint a DD to...
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1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on

Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... Read more »

Carole Jean Hayes answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix it." You need... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: I’ve been working at Ross for 10 years now and am getting paid $1 more than a new employee. I haven’t received my annua

I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... Read more »

Neil Pedersen answered on Aug 7, 2019

Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the... Read more »

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: I injured my lower back at work and went through the Conservative treatment route without recovering.

After about 9 months and a visit to an IME, surgery was scheduled. Unfortunately, surgery was not successful and I still suffer from a “Pinched” nerve. For some reason, doctor won’t say, surgery was not completed completed and the spine (L4, 5 and S1 was fused together, “as is”). I... Read more »

James G. Ahlberg answered on Aug 5, 2019

It seems you're asking a medical question. Get a second opinion from another doctor. If you don't have a lawyer, get one ASAP to protect your rights and answer your questions with authority.

If you're asking a legal question as to your rights under the Workers' Compensation Act, most...
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2 Answers | Asked in Health Care Law, Workers' Compensation, Employment Law and Civil Litigation for California on

Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day

I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »

Ronald Mahurin answered on Aug 1, 2019

You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.

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2 Answers | Asked in Workers' Compensation for California on

Q: What can workers comp do for me after I’ve been terminated? Employer submitted my form after my termination.

Ronald Mahurin answered on Aug 1, 2019

If you were hurt before you were terminated and the employer had knowledge, then you should have no problem proceeding with a WC claim. If you employer was not aware of your injury until after you were terminated, then a new set of rules apply. Generally for this type of case you will need an... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on

Q: Can an employer fire you when you get hurt on the job and your claim accepted by workers comp?

My workers compensation claim was accepted and medical treatment started. My employer terminated me 3 weeks after the accident and now I am denied any monetary benefits. Should I consult a workers comp and employment attorney?

Thank you. I reside in Oregon

Mr. Michael O. Stevens answered on Aug 1, 2019

You should consult a worker's compensation attorney to deal with the denial. They can still terminate you, they just cannot do it because you filed a worker's comp claim. As in, they cannot retaliate against you for filing the claim. If you were drunk driving forklifts off the loading dock, they... Read more »

1 Answer | Asked in Identity Theft, Personal Injury and Workers' Compensation for California on

Q: The phrase “without regard to its conflicts of law provisions” may be looked over by the contracting party?

“The validity of this authorization is governed by and construed in accordance with the laws of the State of Illinois...”

I am in California the defendant parties will not respond when asking if they can investigate whether my signature or original or if it was done without my... Read more »

Dale S. Gribow answered on Jul 30, 2019

this is listed as a WC question which i do not do.

I think you have to set up an appt with an attorney close to where you reside to see if the facts will warrant jurisdiction and a filing there.

otherwise, you may be forced to deal with Illinois law.

1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on

Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Workers' Compensation for Washington on

Q: Looking for an attorney willing to go up against Boeing and their private insurer, Sedgewick.

Need someone who can help facilitate the dealings with Sedgewick, who is Boeing's private insurer, because they can't seem to get things right on a case that has been going on for 10+ years. Had 5 foot surgeries 10+ years ago. Finally got fixed with 5th one. About 1-1/2 years ago, re-opened my... Read more »

Tim Akpinar answered on Jul 27, 2019

I'm sorry for your frustrating ordeal. Maybe the best thing to do at this point would be to start looking up workers' comp attorneys in the Seattle area (if that's where you are, based on being employed by Boeing). Many of them provide free initial consults. You could look up attorneys here in the... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: why Have they drop my daughter

I got injured on job couple months ago Had to have a couple surgery. Still haven’t got released to attend work So I take my daughter go get dental exam they drop from insurance is this legal if so why

S. Michael Graham answered on Jul 25, 2019

I believe you are asking if your employer can stop paying for your private health insurance premiums when you are not at work due to a work related injury. If this is the question, I believe your employer can stop paying for your health insurance until you return to work. You can continue to make... Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: For temp disability benefits. If I didnt work barely an of the 52 week prior can the calculate my income another way

Ronald Mahurin answered on Jul 24, 2019

Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Ohio on

Q: I had a back injury in 1997 that resulted in surgery. Now have had to have surgery again in 2019. can I reopen claim if

I never received settlement. That company is now out of business

Matthew S Flemming answered on Jul 23, 2019

The statute of limitations for Ohio Workers' compensation claims depends somewhat on when the last activity was on the claim. You should contact a licensed attorney to discuss some specifics and they can give you a better idea of whether the claim is still active or barred due to inactivity.

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