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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: One time consultation rendered diagnostics. IA denied sending thru UR. Does Sandhagen apply?

I don't understand how to respond to a lawyer's response to my initial question on this website .. If that is even possible. So I am adding more details in this question. The DA allowed a 1x consult to a neurologist. She put this in writing. Three lawyers down (and three years later )and it... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

My answer urges you consult a lawyer. Not here in bits and pieces but over the phone at least. A carrier can deny a body part but all any manner of consultations. For deniedbody parts a PQME is needed unless the denial is legal rather than medical.

2 Answers | Asked in Workers' Compensation for California on
Q: Workers compensation Insurance agent didn't send Rfa thru ur?

Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to bypass... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

They can do what they want. It’s up to you to know the cases and law why it’s wrong to assert your rights. You need a attorney to do this for you. There are many legal reasons they can do what you mentioned but this does not mean that in your case to have no options. Call an attorney to get... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: Three years post injury, case still open, can I get disability now?

I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

Yes you can obtain further TTD, 2 years worth within a 5 year period. You may also have a CT which can extend this. Work comp is very complex. Call for a free and confidential consultation. Work comp attorneys provide free consultations.

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1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: JAN 2019, I STARTED WORKING ON THE 14TH AND SIGNED ON FOR A GUARANTEED PAY FOR THE FIRST YEAR OF 35K THAT CHANGED IN JUL

JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?

Joel Friedman
Joel Friedman answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly salary... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: If you are injured during a surgical procedure for a major back surgery as a result of a ny workers compensation injury

Who becomes responsible or is it another claim??

Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

I'm sorry for your ordeal with the compounding of your workplace injury with surgery-related injury. If the surgery-related injury is the result of negligence, error, or other factors related to a breach of medical duty, that could possibly establish the basis for a claim based on medical... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can searching for job or getting an interview damage your workers comp settlement case before approval
T. Andrew Miller
T. Andrew Miller answered on Jan 15, 2020

It depends. Better to wait until the settlement is approved in most situations, just to be safe.

3 Answers | Asked in Workers' Compensation for California on
Q: I just closed my work comp case last year, but symptoms are back, new job and it's hard to work, what should I do?

Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 15, 2020

You have a new case with the current employer and because your prior case seems to have been downplayed that can benefit you now. You should consult a workers compensation attorney ASAP to flesh out more details, options and rights

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1 Answer | Asked in Criminal Law and Workers' Compensation for Georgia on
Q: How much time do you get for malice Murder?
Holly G Chapman
Holly G Chapman answered on Jan 13, 2020

In Georgia, malice murder carries life in custody and can be either with or without parole. If you are sentenced to life with parole, you must serve 30 years in custody before you can be considered for parole. If you are sentenced to life without parole, you will never be considered for parole.

4 Answers | Asked in Workers' Compensation for California on
Q: if the deposition of a doctor in a work comp case is taken, is the applicant party entitled to a free copy of transcript
Bianca Estella Kushner
Bianca Estella Kushner answered on Jan 13, 2020

The applicant's attorney can file a lien for Medical Legal costs and get reimbursed for any charges, same as the fees for the doctor's costs. Usually the court reporter submit their billing directly to the insurance company.

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1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED...
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3 Answers | Asked in Workers' Compensation for California on
Q: my job has told me I can't leave my house from 8am to 5pm while i am out on workers comp. is that legal????

Good Afternoon,

I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.

The... Read more »

Bianca Estella Kushner
Bianca Estella Kushner answered on Jan 12, 2020

Your attorney might want to check with the defense where there is any rule in the Labor Code supporting that requirement. That requirement would be illegal, for what if you have any doctor's appointments. It appears that they are trying to harass you.

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1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Does my employer have to pay me my hourly rate for the time that I spend at the doctor? For the work-related injury
Brandon Voelker
Brandon Voelker answered on Jan 10, 2020

Unfortunately no, you can submit for mileage reimbursement for your travel.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Georgia on
Q: What is the time frame for work comp adjuster to request independent medical examination to be done after the injury

Work comp doctors treatment with what approved, no benefits,

T. Andrew Miller
T. Andrew Miller answered on Jan 9, 2020

There’s no deadline for the adjuster to schedule an IME. Speak with a workers comp lawyer ASAP to fully understand your rights and responsibilities.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: is this a sue-able offense

Delivery driver 7 months (for company that delivers for amazon) , terminated because amazon giving fewer routes in in middle of work week, say cant use paid time off, are they suppose to pay me in full after 6 days or if its weekly pay, its on their own timeline what about the paid time off, since... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I suggest you speak with an employment lawyer. This is listed under wc, but it is not a wc type of case.

You may be able to get assistance from the Texas Workforce Commission (TWC). There is an office in Houston. The website is at: https://twc.texas.gov/jobseekers/employee-rights-laws

2 Answers | Asked in Gov & Administrative Law, Employment Law and Workers' Compensation for Florida on
Q: Who is liable when an off duty LEO is injured, outside of their jurisdiction, acting in a LEO capacity?

If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: What is the statue of limitations if i was stabbed on the job 11/7/18.

Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2020

Your remedy for this workplace injury against your employer is in the workers compensation process. You need to contact a workers compensation attorney right away because if you have waited over a year you may have problems. Your remedy against the assailant is a civil lawsuit. You have two... Read more »

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1 Answer | Asked in Workers' Compensation for Kentucky on
Q: How long can WC delay TTD for a job related injury in ky? It's been over a month without surgery approval or TTD.

I was hurt on 11/06/19, the dr took me off work on 12/03/19 after the MRI results came in showing I have a full thickness tear of my supraspinatus tendon in my left shoulder. My doctor requested surgery approval. I have not received the approval or TTD and it's been 30+ days. It was turned in... Read more »

Brandon Voelker
Brandon Voelker answered on Jan 7, 2020

You can file a complaint with the Commissioner of the Department of Workers Claim for violations of the Unfair Claims Practice Act, for essentially failing to respond to a request timely. Unfortunately, the remedy is the Workers Compensation Board may fine the employer, but you do not receive the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: If personal injury settles before workers comp and a credit is issued... Is credit applied to disability settlement?

If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

The credit applies for any costs or benefits the carrier is required to pay in the WC case. Yes, you can dispute the credit.

1 Answer | Asked in Workers' Compensation for California on
Q: Can I dismiss my ptp on grounds lc 9786 for reports that don't conform to the law?

If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company established no mpn.... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

You can change treating physicians without cause at any time by requesting a transfer within the MPN.

1 Answer | Asked in Workers' Compensation for California on
Q: Do I need to submit my proposed argument to the judge beforehand and turn into the court for wc status conference?

I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve the... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.

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