California Workers' Compensation Questions & Answers

Q: An employee went off on disability,the employer has subsidized wages for almost 2 years, can the employer stop paying?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 11, 2017

If you are paying a lawyer with ALL the facts and documents and she gave you advice, you should stick with that advice! The Workers Compensation Act of the Labor Code says that most workers get just 2/3 of their 'Average Weekly Wage' at the 'time of injury'. full wages go to safety-sworn workers, so if this employee was a deputy sheriff she/he gets full wages while temporarily totally disabled from an on-the-job injury. IF by 'went off on disability' you are trying to say this was a...
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Q: I am 63 years old. Had surgery replacing disks two-level cervical and titanium plate install with six screws...

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 10, 2017

This is a question that should be directed to your Worker’s Compensation attorney. He or she should be familiar with all the facts of your case, and will also be able to give you some guidance about what kind of compensation to expect for the type of injury you have suffered.
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Q: I got hurt at work and I have been told I need therapy. My employee agreed to this but said that I needed to schedule

2 Answers | Asked in Workers' Compensation for California on
Answered on Oct 10, 2017

If you don’t already have a Worker’s Compensation lawyer, you need to get one right away. Your employer is not going to make sure that your rights are protected. You have to do that by retaining your own workers compensation attorney.
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Q: On TD, & have been offered another job. What repercussions might I face if I take it? Will TD continue to bridge wages?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 6, 2017

"New" employer is generally a BAD IDEA. If your symptoms or complaints increase in any way, the old employer will sue the new employer; the old employer will claim (without proof) that the new employer made the injury worsen. You DONT want to start a new job then get that new employer sued. SPEND MORE TIME PREPARING for the QME evaluation. If you say the wrong thing, the QME will find you are fully healed when you are not. You could get a Zero with serious limits on your future medical...
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Q: Im on temporary total disablity with workmans comp. I dont know what to expect any tips should i get a lawyer asap

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 2, 2017

Expect that if you stay with the doctor(s) the insurance adjuster selected for you, that you will be unemployed and get very very little and struggling with back pain your whole life. the 'tip' is to pick the very best possible orthopedic surgeon on that insurer's Medical Provider Network and elect him as your primary treating physician. The problem is that you do not know who that is. So you should definitely get an attorney who just does workers comp, NOT the 'tv' lawyer who dabbles in...
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Q: Had future medical on left knee. Had knee replaced 6/15/2017 by insurance, what's next

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 25, 2017

You write you 'settled' in 2007, so I'm going to assume you signed Stipulations With Request for Award in which you and the employer and insurer all agree on the amount of permanent disability. So the only thing left is medical treatment for you, and you got that. No more temporary disability payments, no increase in permanent disability, no 'revision' to the agreement. IF you were going to show a new level of disability, the law required you do that within 5 years of the injury date...and...
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Q: Workers Compensation Award of Future Medical Open.

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 22, 2017

No matter what you use Medicare for, Medicare will insist upon it's share of your 'cash-out' of future medical rights. It's called a Medicare Set Aside, the MSA. The adjuster will take all of you current and comp medical records and send them to a service that 'guestimates' what Medicare will want to permit you settle out your insurance rights (because once you get cash for your insurance rights, Medicare is stuck with all of your medical costs, including those that used to be the...
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Q: can I be fired if I don't accept a job reassignment to another state or country because HR can't find a local job

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Answered on Sep 22, 2017

Too bad you didn't get a lawyer for this claim. The Labor Code requires that the Employer offer Permanently Modified Employment within 2 weeks of the receipt of the notice of Permanent Work Restrictions...and most miss that deadline. That offer must include 85% of the pre-injury wages. So if 4 hours of minimum wage is less than 85% of the pre-injury earnings, that is NOT a valid offer of modified employment, and this entitles you a Job Displacement Voucher (to give to a school to train for...
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Q: Can a QME Dr out of the blue ask for a re-evaluation without the consent of either lawyer on both sides?

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 18, 2017

If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new attorney you trust. This person is going to get Thou$and$ of your money! The direct answer to the question is 'no' the QME never just independently decides he must perform a re-evaluation. If in the QME report...
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Q: Is it ok, if the supervisor delay me about 1-4 hrs on my schedule and make me wait on the back of the restaurant.

1 Answer | Asked in Consumer Law, Contracts, Workers' Compensation and Employment Law for California on
Answered on Sep 18, 2017

Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
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Q: bit on the job beginning of shift, skin broken superficial wound

1 Answer | Asked in Animal / Dog Law and Workers' Compensation for California on
Answered on Sep 15, 2017

Tell your employer you want to file a workers compensation claim. Go get needed medical attention. Depending on circumstances, you may have a claim against the dog owner, or others, for the injury. Call a PI attorney.
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Q: Open WC case but resigned after they changed my wages

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 14, 2017

The Work Comp Insurer is only responsible for 'reasonable treatment' on the body parts it either accepts as it's resonsibility or the body parts found by the Workers Comp Judge to be industrially-injured and requiring further/future medical treatment. If this Comp Insurer only accepted responsibility for the shoulder and denied responsibility on the Spine/Back, it is up to your attorney to get medical evidence sufficient to prove to a judge your back also sustained a work injury and move that...
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Q: company always puts me out on disability even though wc approved with 3rd pa it has affected my service credit

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 14, 2017

The solution is to put every communication IN WRITING. Or to get an attorney who will put every thing in writing. IF YOU CAN PROVE these decisions are made solely to retaliate against you for requesting workers comp benefits, you can get an increase in Permanent Disability and get the losses re-instated (as far as Human Resources is able... reduction in PERS contribution is generally never corrected or undone). If you had an attorney and the attorney was familiary with Labor Sec. 132(a)...
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Q: Ignored by my WC adjuster - Impossible to get a PTP.

2 Answers | Asked in Workers' Compensation for California on
Answered on Sep 14, 2017

Look for a Workers Compensation Specialist anywhere close to your home. You will eventually find one. If you cannot, contact the California Applicant Attorney Association (CAAA) and ask for a referral or list of attorneys.
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Q: What happens to the workers compensation Dr. who evaluation that denied your worker compensation but then gets accepted

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 14, 2017

Generally, nothing happens to a physician who writes the injured worker did not sustain any industrial injury. There are forms you can submit to the Director of Industrial Relations if you can show the physician performed below the standard of care. Here is a link to WCAB Forms https://www.dir.ca.gov/dwc/forms.html

go to the Complaint Forms. If you think the insurer should be audited for suggesting treatment with a physician who then writes you have no injury, you should complain...
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Q: After 2 yrs. On disability. And still need surgeries. What happens with pay. Do you then apply for permanent disability.

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 12, 2017

The Labor Code ends Temporary Disability payments from the insurer after 104 weeks -- two years. Even if you applied for Social Security Disability Insurance , you likely wouldn't be approved for more than one year. You can try an application for State Disability Insurance at www.edd.ca.gov but it will be tough since you haven't worked to contribute to your SDI fund for 2 years. If you have a joint replacement or blinding eye injuries or burns, TTD is more than 104 weeks. You needed an...
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Q: I avg 6k a week at my job in northern California. Approximately how much WC benefit will I be paid WC said 1172.00.

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 6, 2017

Your best bet would be to consult with an experienced worker's compensation lawyer.
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Q: Do I have to use paid time off before TPD?

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 25, 2017

Your employer is incorrect. Show THIS to the employer: http://www.calhr.ca.gov/employees/Pages/wc-td-tds-wage-loss.aspx

YOU are using the improper term. TPD = temporary PARTIAL disability, and TTD is Temporary TOTAL disability. For 6 weeks following surgery, you will be TOTALLY unable to perform any modified (or regular) work, so the doctor will write you are TTD.

WRITE A LETTER telling the employer NOT to touch your accrued benefits for any part of this claim; send it by...
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Q: Car accident during work while driving the company's vehicle.

4 Answers | Asked in Employment Law, Workers' Compensation and Car Accidents for California on
Answered on Aug 22, 2017

Giving false information to the insurance company is insurance fraud and is a crime. Tell the truth. Losing your job is not as bad as being charged with a crime. You have a claim for workers compensation benefits for your injuries on the job. You have a claim for personal injuries against the person who ran into you.

If you "borrowed" a car and were at fault, the owner's insurance would still apply to defend you. Your insurance would only be secondary. If the other driver was at...
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Q: A defendant has been asked to sign a no contest plea to a misdemeanor; in an insurance fraud case.

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 22, 2017

Pretty much EVERYTHING is admissible in a workers comp case. If there is a question as to whether or not a body part was injured on the job, and the WC Judge has to decide if that injury happened at work or away solely based on the injured worker's truth-telling, the WC Judge isn't going to believe anything he/she has to say if she pleads guilty to anything involving the truth (fraud, embezzling, bad checks, etc).
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