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California Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Tim Rose
Tim Rose answered on May 18, 2022

Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.

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1 Answer | Asked in Workers' Compensation for California on
Q: can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment

I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 4, 2022

The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

Maya L. Serkova
Maya L. Serkova answered on Apr 26, 2022

It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: I need legal help I was recently injured at work. A manager at a different store is going around saying I faked it.

I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 25, 2022

Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I was injured at a job around 4 months ago and I have not fully recovered. I was fired soon after the accident.

I've had one job after the incident and still can't preform as I used to, so I lost that job as well.

Gary Alan Jackson
Gary Alan Jackson answered on Apr 24, 2022

You should consult an experienced workers compensation attorney ASAP. You have rights to workers compensation benefits that need to be asserted by a professional.

4 Answers | Asked in Personal Injury, Criminal Law, Employment Law and Workers' Compensation for California on
Q: Daughter ismanager apt complex, stabbed in back by non resident 04/12/2022. Owner of complex said no to security help

On 04/12/2022 my daughter was stabbed in the back by non resident who was told to leave property previously. Daughter is manager at the property. Owners hired security officers due to some illegal things going on there and homeless hanging around and causing problems. This company hired my daughter... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 14, 2022

Your daughter needs to immediately locate and consult with a workers compensation attorney who can be sure she timely makes a claim against her employer and receive the medical treatment she needs.

Good luck to you and to your daughter.

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2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Social Security for California on
Q: Hello I've been suffering from anxiety and I get panic attacks. Can I qualify for disability and who can help me?

Hello I have 2 weeks without working and i work in construction and when I don't work due to anxiety I don't get benefits. I have 2 kids and my wife and I dont know what to do with this anxiety that doesn't let me work due to panic attacks. It all started almost 4 years ago when my... Read more »

Kelvin K. Lee
Kelvin K. Lee answered on Apr 11, 2022

Dear Sir,

You may be eligible for State Disability Insurance (SDI) from the California Employment Development Department (EDD) if you apply within 49 days of the date you were last able to work. It will pay a percentage of your salary for up to 12 months. You will have to initiate this...
Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: F/U question. How do we find out which items r agreed upon prior to the MSC conference? When you don't have an attorney

Can/will a judge use MSC to make defendant begin to cover treatment or basically accept the claim? What is meant by the 2 days? Is MSC a time to ask for everything you think you are entitled too in the "cases entirety" or is it just an initial conference to get things started? If... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 21, 2022

AGAIN: THE JUDGE WON'T ORDER anything except likely a continuance. so AGAIN no treatment is ordered. The time to request everything to which you are entitled IS RIGHT NOW of the defense attorney. When the defense attorney says 'no' then you write down everything that you want the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Psych/Psych claim against VERY major employer. I'm running out of time that I can be off work. What will happen at MSC?

Preliminary QME finds my claim predominantly industrial requiring Tx. Supplemental information will be based on more of the same supportive documentation. Filled DOR which is leading to upcoming MSC. During DOR hearing Judge implied claim compensable. What will happen at MSC? Will judge make a... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 21, 2022

The settlement conference is just to see if this can be settled. There will be no hearing and no decisions. If the parties cannot settle, each party writes down every witness to be called at trial and each written document to be submitted into evidence. The parties write out the Pre-Trial... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Why is it so difficult to get an attorney for a psych workers comp case?

Thank you so much for your response. As in all cases their are those that will or may meet the requirements... I posed another question just prior to this one asking what to expect at a MSC. This question was more of a follow up to that concern. Can you please review that question and help me? With... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 21, 2022

The worker must prove that (1) there is a disabling psychiatric injury, then (2) that 51% of that condition is due to unfair and/or extraordinary events arising out of employment and in the course of employment. AND one must be on the job more than 6 months. Unless you took a knife or a bullet,... Read more »

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal options for tort claim against unauthorized medical records release

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Mar 10, 2022

It is a CRIME to (1) Forge then (2) violate HIPAA limitations, and proof of a crime can serve as proof of Duty and Breach; so you might want to start your Tort prosecution by getting the tortfeasors prosecuted by the local District Attorney. A HIPAA Complaint can be filed with the federal... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: My attorney os not honest with me and accepted a settlement without my authorization. What can I do?

This last attorney just recently took over my case after 2 other attorneys had also been handling it yet they also had their assistants, paralegals and legal aids be the ones to return my calls and answer my questions that sometimes not even they had the answers to. They have not made an attempt to... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 28, 2022

IF you can find another firm, you could fire this attorney and hire a new one you trust. But you write 2 other lawyers had it also. If they were fired too, a fourth attorney is not likely to take this on. If the insurer is disputing the incident occurred, only then are witness statements... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I was on 4850 pay from June 2020-June 2021. Then on TTD from June 2021-Jan 2022. Now on PD.

I was just diagnosed with cancer (cumulative presumptive work related) last week and my work filled out workers comp paperwork and turned it in. Would I be eligible for another year of 4850 pay since it is a new different injury? I have not received ADPP or retirement pension yet.

Nancy J. Wallace
Nancy J. Wallace answered on Feb 16, 2022

I just answered this on Avvo, but I'll repeat it for others reading along: the cancel is a NEW Injury, each injury get 52 weeks of LC4850 benefits, so YES you get 52 weeks of 4850 pay. The adjuster DOES NEED a medical report noting the diagnosis and writing that you are Temporarily Totally... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I recieved a "workers compensation appeals board stipulations with request for award" recently.

How do I know if the award amount is just? I had a lumbar lower back injury that required surgery.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2022

you hire an attorney to help you throught the process and especially to set you up with a fair and unbiaed doctor who eventualy writes a final report upon which is based a fair and accurate stipulation. if you signed a stipulation with no attorney to advise you, then you get what you got and do... Read more »

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1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... Read more »

1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for California on
Q: I had to fire my workmens comp attorney a few days ago am now without one hearing tomorrow do u know what I should do

Mal practice forced me to let him go so close to my settlement hearing case has been open over 5 years had 2 MRI 2 nerve scans done never got any results back never was giving a primary doc that would except me without the results to my tests I collected workmens comp 2 years with basically no... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Dec 14, 2021

you should let the judge know that you would like some time to find a new lawyer. a judge will nealry always give you time to find a new attorney as they dont want you to represent your self, unless you have done this several times already. it sounds like maybe you just endured a non responsive... Read more »

Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Neil Pedersen
Neil Pedersen answered on Dec 7, 2021

There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: A work accident in 2015 resulted in injuries to my head (TBI), back, neck and jaw. The insurance co. ended my TD early

In 2016 my head injury was declared permanent and stationary but my back injury was not declared permanent and stationary until after a surgery and rehab in 2019. The insurance company ended my temp disability in 2016 and started giving me permanent disability, but shouldn't TD have continued... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Nov 22, 2021

you can actually receive more than 104 weeks in limited circumstances, if your injury is very serious. A head trauma certainly can be very serious. and you are correct that you are entitled to TTD, up to the legal limit, until you are no longer TTD. so if you body part is P&S but another is... Read more »

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Staffing Agency 1099 Employee Injured While On Assignment at School District

I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The... Read more »

Brad S Kane
Brad S Kane answered on Oct 28, 2021

While it is true that personal injury claims generally have a 2 year statute of limitations. Unfortunately, to bring tort claims against the government or its subdivisions, you are also required to give notice of your client within 6 months. Otherwise, you claim is time barred.

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1 Answer | Asked in Workers' Compensation for California on
Q: How many years can I go back on a workers comp. claim. I never received a closed claim letter in Seattle WA..

The investigation was found in my favor by their investigator .

Nancy J. Wallace
Nancy J. Wallace answered on Oct 21, 2021

There is no code section requiring any 'closed claim' letter. If "go back" means to appeal a judge's decision at trial, you had 20 days from date the decision was mailed out. If this was a settlement you signed, you had 25 days from the date the judge's Order... Read more »

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