It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.
If the issue is a denial of the injuries, then you should be...Read more »
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... Read more »
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... Read more »
return. He read the MRI results and then submitted it to the WC Insurance company to respond, if it was accepted or rejected. I got NO reply/response from the insurance company for SIX more months. It was declined for surgery. It stated on the report that they (insurance co) did NOT receive it... Read more »
Five (5) business days. Something else is going on. If you can prove the insurance company received the request from your doctor and did not respond within. Five business days you should be able to get the surgery authorization.
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding...Read more »
ether in Eyad as a strict American Medical Association (AMA) Guides rating of 58%, after the principles set forth in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal. App. 4th 808, 75 Cal. Comp. Cases 837 and Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.... Read more »
I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... Read more »
Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the...Read more »
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »
If you were hurt before you were terminated and the employer had knowledge, then you should have no problem proceeding with a WC claim. If you employer was not aware of your injury until after you were terminated, then a new set of rules apply. Generally for this type of case you will need an...Read more »
Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be...Read more »
We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his appointments,... Read more »
My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... Read more »
If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... Read more »
At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close...Read more »
ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.
It all depends upon what the medical records say about permanent disability prior to April 2004. If there is a statement that you were going to have permanent disability prior to April 2004, then old schedule. If TTD notice sent prior to April 2004 then old schedule. If PQME provides permanent...Read more »
My husband's employer's TPA and UR personnel, and the state's IMR all denied him medical treatment requested by his orthopedic surgeon. Now they have informed him that since he was denied treatment he has to wait one year before his doctor can submit another request for treatment. A year is way too... Read more »
1) Your husband does not need to wait a year for the requested treatment if the Treating Physician submits a new Treatment Request (RFA) citing different reasons why the treatment is necessary or if circumstances have changed substantially.
2) As for the billing, your husband can always...Read more »
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