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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: How do I legally switch an attorney who is not responsive at all?

Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More

1 Answer | Asked in Workers' Compensation for California on
Q: On an ongoing open approved claim in California. Can cola increase TTD indemnity past the original 66-2/3rds. ?

I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA allowed? Or is 66-2/3rds... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.

Here are the key factors to consider:

- TTD benefits are...
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1 Answer | Asked in Workers' Compensation for California on
Q: Cola and 66.66% maximum Indemnity... California State Workers Compensation. Judges don't even know....

I was making $1,000 a week and injured. California Claim.  The insurance started paying me $666.67 per week indemnity.  2/3rds.  The following year a 13% cola was passed based on the SAWW.  State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds %    Is the COLA... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, it seems there is some ambiguity around whether the 13% COLA should have been applied in this case. Some key points:

- In California workers' comp, temporary disability (TTD) benefits are capped at 66 2/3% of the employee's average weekly wages...
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1 Answer | Asked in Workers' Compensation for California on
Q: Calif. Workers Compensation. Can 66 2/rds TTD% be passed after a few years by COLA. 4661.5

Making $1,000.00 per week. Paid $666.66 TTD per week. After 2 years.. 4661.5 kicks in. Can TTD now include the COLA based on SAWW? Even if it passes the original 66.66% ? Or is $666.66 always the maximum and 4661.5 ignored. Can find nothing on this.

James L. Arrasmith
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answered on Feb 21, 2024

Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3rds percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs) mandated by Labor Code §4661.5.

Specifically,...
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1 Answer | Asked in Workers' Compensation for California on
Q: California Workers Compensation Max TTD Based on COLA 4661.5

Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past

66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More

1 Answer | Asked in Workers' Compensation for California on
Q: : I went to the qme doctor recommended treatment on both hands and knees and my doctor denied me medical tratement wt to
James L. Arrasmith
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answered on Feb 20, 2024

If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I went to the qme doctor recommended treatment on both hands and knees and my doctor denied me medical tratement wt todo
James L. Arrasmith
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answered on Feb 20, 2024

If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 19, 2024

First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the...
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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, employees have the right to request reasonable accommodations for disabilities, including mental health conditions such as depression, under both federal and state laws. This includes adjustments or modifications to the work environment or job duties to accommodate your condition.... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Eva Zelson
Eva Zelson
answered on Feb 23, 2024

Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests,... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: California Workers Compensation: Can the 66-2/3rds TTD Indemnity be affected by COLA.

I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.

Here are the key factors to consider:

- TTD benefits are...
View More

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3 Answers | Asked in Workers' Compensation for California on
Q: In California can the 66.66% indemnity paid be increased solely due to a COLA adjustment?

There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More

James L. Arrasmith
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answered on Feb 22, 2024

Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.

In detail:

- For injuries occurring after 2003, TTD rates are...
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1 Answer | Asked in Workers' Compensation and Social Security on
Q: I am in process of settling work comp case. Injury is in dispute and I am being offered a lump sum to go away prior.

Again, it would be determined no injury at work because the case never got that far. Do I have to spend settlement money prior to be treated by medicare or any other health insurance. Or, since there is considered no work place injury can I use medicare and other health services. Lastly, I have a... View More

James L. Arrasmith
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answered on Feb 4, 2024

When settling a workers' compensation case with a lump sum, especially when the injury is in dispute and not officially recognized as a workplace injury, the settlement does not typically restrict your access to Medicare or other health insurance for treatment. Medicare and other health... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Notice of dismissal of attorney means what?

I signed form electronically for workers comp

James L. Arrasmith
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answered on Feb 3, 2024

A "Notice of Dismissal of Attorney" is a formal document that signifies the termination of your attorney-client relationship in a legal matter, such as a workers' compensation case. When you electronically signed this form, it indicated your decision to no longer retain the services... View More

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

James L. Arrasmith
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answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... View More

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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

Timothy Belt
Timothy Belt
answered on Feb 1, 2024

By way of general information, workers' compensation is not like personal injury where you can obtain additional money for pain and suffering, loss of enjoyment of life or loss of opportunity. Workers' compensation awards-assuming there is not a death, loss of use of a body part or... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

Glenn Neiman
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answered on Feb 1, 2024

First, take stories you hear from other people with a grain of salt. Even if they are not exaggerating, every case is different (based on the facts of the case). One settlement amount has no real relevance to another case. You have an attorney you trust (as you should!). Nobody on this board,... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

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