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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
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1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal to still not have benefits after WC doctors put me out on TTD?

I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 26, 2022

your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: I started working for ups only worked there October 21st to October 29 asked for final it's dec.22 now nothing still

It's been well past the 30 day cap still nothing do I get paid waiting for all those days past the 72 hours

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2022

Sorry, but your employer has no legal duty to provide you with hours, and you are not entitled to money to compensate you for waiting to get more hours.

Good luck to you.

2 Answers | Asked in Workers' Compensation for California on
Q: My present Lawyer on my Worker Comp Case keep Neglecting to write down my Diagnosis of Cervical Myelopathy on all his Re

I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 18, 2022

It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... Read more »

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5 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I had an accident when leaving work at a stadium in Los Angeles. Last October I fell in a hole had back injury $ surgery
Adam Stoddard
Adam Stoddard
answered on Dec 12, 2022

I am not sure if this is a legal question or simply a statement.

If you were injured while leaving the stadium, you need to act fast and retain an attorney. Depending on where the hole was could mean that it was public property or private property. If it is public property (public sidewalk...
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1 Answer | Asked in Workers' Compensation for California on
Q: My workman’s comp examiner is requesting a doctors notice stating how much time I will be out out in order to approve

An extension to continue payments. The QME ordered further treatment and recommended I see a pain management Dr which I’m not scheduled to see until Feb 22. The doctors notice is due by December 22. If not received I will lose my benefits and my job. What can I do

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 9, 2022

hire an experienced work comp attorney to represent you. it costs nothing out of your pocket and fees are limited to no more than 15% of the settlement amount and generally no fees are taking on your TTD (wage loss payments). if you want to control your case rather than the claims adjuster, hire a... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Qme does not specify restrictions are permanent. Recieved returns to work form from primary care. Employers won't accept

5% herniated disc. No bending no stooping but does not specify how long from qme. 5 months later recieve return to work form from primary doctor. Leave of absence team states my qme results say restrictions are permanent. "Permanent" is not in the language. My qme does not specify... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 1, 2022

Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them?

My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.

Brad S Kane
Brad S Kane
answered on Nov 29, 2022

First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.

Second, it was temporarily modified due to the Pandemic....
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1 Answer | Asked in Workers' Compensation for California on
Q: while on workmen's comp our union negotiated a bonus and a 4% retro to July 2021, would I lose any of this or get

deducted while on workmen's comp??,I was just wondering If I will be deducted the bonus or lose any of the current 2/3 that I am being paid at the moment since I am to receive a bonus and back pay

Nancy J. Wallace
Nancy J. Wallace
answered on Nov 22, 2022

Sorry, NO. The Labor Code limits you to 2/3 of your 'Average Weekly Wage' AT THE TIME OF INJURY. But not after wage negotiations. So all the adjuster has to pay is 2/3 of what you earned at the moment of injury. IF you worked and earned wages (not TTD disability payments, just Wages)... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: WHERE AM I TO FIND A LAWYER TO ASIST WITH FEDERAL WORKERS COMP CASE AGAINST USPS?
Gary Alan Jackson
Gary Alan Jackson
answered on Nov 22, 2022

Try Max Gest in los angeles. i believe he is on Olympic Blvd. best of luck!

1 Answer | Asked in Criminal Law, Personal Injury, Workers' Compensation and Civil Rights for California on
Q: I'd love to find more information on this, my mother had a similar experience at Raleys in 1986 that left her disabled.

She was my mother and she has now passed, mostly due to her bad health and poverty as a result. She was beat with a baseball bat after dealing with harassment during all of her employment at Raleys. She said there were other women that had been harassed and assaulted at the same time.

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 21, 2022

not sure what your asking. your looking to know if you have some type of legal case on behalf of your deceased mother due to an incident in 1986???

Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: 3 hour QME appt, 60+ page report. DA objected. Doctor reversed entire opinion in 8 minute deposition, what now?

My QME appointment was very thorough, almost 3.5 hours. The doctor's report nearly 70 pages, referencing medical journals and other studies and publications, etc. The report was very much in my favor. The defense attorney filed motion to depose the examiner. The deposition lasted 8 minutes... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 8, 2022

Talk to your attorney about this as he or she has the facts, we do not. If you don’t have an attorney then I can understand why you got screwed. Lesson learned; never go it along when fighting an insurance company for benefits

1 Answer | Asked in Workers' Compensation for California on
Q: I had to release/dismiss my attorney, What now?

I found an attorney from a referral list on line. Turns out, their offices are in Southern California, I'm in Northern California. They assured me the geography wouldn't be a problem. It was, from the very beginning. For example: they kept forgetting I was in Nor. Cal. I even bought a... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 8, 2022

We are in so cal and represent many in NorCal. It’s the firm you choose, not any other issue from what your describing.

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I just got out of the hospital due to work related injuries, my boss contacted me the next day to wok .can he do that

He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 1, 2022

yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.

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2 Answers | Asked in Workers' Compensation for California on
Q: I’ve recently passed out at work due safety and health reasons, that my boss put me in, boss refused to give me hr dept

If I can’t get a hold of hr dept who can I talk to

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 31, 2022

Give up on 'chatting' and put the words in writing and fax them to the office; keep a copy of the fax transmission report. When you have such an unprofessional institution you really need to put everything in writing, and immediately. I'll be the company's fax number is on... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Why did workman's comp stop helping me if their doctor couldn't help me get better from my injury to go back to work

Why did workmans compensation company stop my checks there Dr stopped me from working because of my injury I am getting ssi disability checks now but I thought that of a workmans compensation Dr couldn't help your injury so you can go back to work but stopped you from going back to work... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Oct 20, 2022

it sounds like you did not hire an attorney to represent you so you acted as your own lawyer in your case. That is never a good idea. Perhaps you dont understand that the insurance company #1 obligation is to the shareholders, not you! if you truly understood this you would have 1. hired a lawyer,... Read more »

2 Answers | Asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California on
Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 17, 2022

There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Can I still receive worker's comp if I quit my current job, and if I haven't filed my claim yet?

I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 12, 2022

Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR... Read more »

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