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California Workers' Compensation Questions & Answers

3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on

Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

Neil Pedersen answered on Jun 12, 2019

You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other... Read more »

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

Q: Can i request compensation?

I work under contact which were signed for 1 year. In contact it was clearly written about a year with possible direct hire. On Friday 30 min prior end of the day i got call from manager, who said that i shouldn't come to work starting Monday because of my contract was split into two 6 month... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Your written contract will control this situation. However, before you hire a lawyer be sure to re-read the contract to be sure it says nothing about "splitting it into two 6 month periods."

1 Answer | Asked in Workers' Compensation for California on

Q: My workers comp lawyer got a higher pay out from the adjuster. I’m supposed to go sign off on it. What do I look for?

I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... Read more »

Nancy J. Wallace answered on Jun 8, 2019

There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: If injured at work doing something that is not in your job description is the employer still responsible?

While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... Read more »

Ronald Mahurin answered on Jun 4, 2019

Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case, but the... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Are the judges summary of trial official?

I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?

Ronald Mahurin answered on May 28, 2019

I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »

Ronald Mahurin answered on May 26, 2019

Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... Read more »

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1 Answer | Asked in Workers' Compensation, Banking, Federal Crimes and Government Contracts for California on

Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do

Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds

Ronald Mahurin answered on May 20, 2019

If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.

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

Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?

Having been on work comp can or may affect future employment? (For repetitive stress injury)

Follow-up question: Restrictions are minimal and worker is on modified duty. Do not have time to settle case (1 month left before exiting US). What would be best possible ways to close this work... Read more »

Ronald Mahurin answered on May 18, 2019

There are several possibilities

1) defendants will seek to have the claim dismissed if there is no activity for 6 months

2) The case will linger and nothing will be done until the employee returns or case is dismissed

3) the employee can try to get treatment outside US,...
Read more »

1 Answer | Asked in Workers' Compensation for California on

Q: How can I get an original copy of my trial transcripts?

I called to see if I can get a copy but they told me I had to write a written request and put $100 down. The presiding judge will review and see if I can get a copy. Then I’ll have to pay for anything over $100.

I received a court summary transcript the following day. The summary left out... Read more »

Ronald Mahurin answered on May 5, 2019

You have been misinformed. The applicant incurs no costs in a workers compensation case. Perhaps you are in the wrong form. You need only write a request for a copy and explain why it is needed. The court is obligated to provide you with a copy at no charge.

1 Answer | Asked in Workers' Compensation for California on

Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary

What is going to happen next

Nancy J. Wallace answered on Apr 11, 2019

It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently... Read more »

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

Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?

I just started a new job as a traveling steel/ Iron worker. The company is an ESOP.

I was reading over my employees handbook and came across this paragraph."Nonexempt hourly employees that travel and business are paid for hours spent traveling as outlined below: REGULAR TRAVEL: Regular... Read more »

Neil Pedersen answered on Apr 4, 2019

There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a... Read more »

3 Answers | Asked in Workers' Compensation for California on

Q: Petition of Joinder

I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... Read more »

Nancy J. Wallace answered on Mar 31, 2019

If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.

My surgeon released me back to work on modified but the facility says there’s no money in the budget to pay me and wc insurance is to continue. So now neither one is planning to pay me. Is this common? Is this legal? Of course the claims adjuster has offered a very low settlement. I do have an... Read more »

Domingo Castillo Jr answered on Mar 24, 2019

I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!

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2 Answers | Asked in Workers' Compensation for California on

Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?

I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?

Ronald Mahurin answered on Mar 24, 2019

Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court... Read more »

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

Q: When should you be offered regular part time?

At my job we don't have "seasonal" but "part time recurring" instead. These employees are not considered regular, how long are until they become regular? Some of these employees work more days than the regular employees as well. Additionally, some have been with the company for years and are... Read more »

Neil Pedersen answered on Mar 15, 2019

Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on

Me physically but also emotionally and mentally will workers comp pay for emotiona/mental problems that have occurred because of an injury ?

Dr. Peter Marc Schaeffer Esq. answered on Mar 7, 2019

This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since... Read more »

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on

Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability

And I have arthritis from it they are offering me 27,000 and a school voucher to settle I want to ask for more does it seem like a good offer? And also the QME doctor recommended that I see a psychologist my lawyer said that even if I see one I will not get more money if they say I have a mental... Read more »

William John Light answered on Mar 5, 2019

If you already have an attorney, it would be unethical for other attorneys to communicate with you about your case. If you don't trust your attorney, you should get another one.

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2 Answers | Asked in Workers' Compensation for California on

Q: 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?

I parted ways with my department after almost 18 years and now work as a civilian. Recently saw my primary care for severe hand/arm pain/loss of feeling. He is familiar with what I used to do and I've not had to type at length for some time. New job is typing 95% of the time, so assuming this is... Read more »

Nancy J. Wallace answered on Feb 25, 2019

Nope, unless you gave written notice to the employer BEFORE YOU LEFT that you had an injury to both wrists from repetitive overuse. The Statute of Limitations requires you provide notice to the employer of an industrial injury within ONE YEAR of the exposure/insult/injury. You indicated this... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: How long will it take to get benefits if the insurance carrier no longer want to go to trial?

I have a trial in a few weeks but I have a feeling the DA find a way to continued it or they will throw in the towel before the court is in session.

If they decide not to go to trial, how soon should be expecting ttd benefits? Does the judge need to approve ttd?

Nancy J. Wallace answered on Feb 20, 2019

You should never, ever 'expect' TTD. If you are not receiving it, you want the judge to order TTD to be paid from a certain date in the past and continuing. Without a judge's order, expect absolutely nothing.

2 Answers | Asked in Workers' Compensation for California on

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?

Ronald Mahurin answered on Feb 7, 2019

1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

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