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California Workers' Compensation Questions & Answers
3 Answers | Asked in Workers' Compensation for California on
Q: can I Withdraw my signature from the settlement if it hasn’t gone through ?

I recently signed a SIp Feeling that it was a low offer but taking the deal is several months ago I was in desperate need of the money. It’s been several months and I keep getting the runaround from the insurance company. They claim information was filed wrong from the company I’ve worked with.... Read more »

Domingo Castillo Jr
Domingo Castillo Jr answered on Jan 25, 2020

Look for a competent workers comp attorney right away. Insurance adjusters will always offer you the lowest amount possible. Plus it’s very possible that the judge will not approve it for that reason.

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2 Answers | Asked in Workers' Compensation for California on
Q: One time consultation rendered diagnostics. IA denied sending thru UR. Does Sandhagen apply?

I don't understand how to respond to a lawyer's response to my initial question on this website .. If that is even possible. So I am adding more details in this question. The DA allowed a 1x consult to a neurologist. She put this in writing. Three lawyers down (and three years later )and it... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

My answer urges you consult a lawyer. Not here in bits and pieces but over the phone at least. A carrier can deny a body part but all any manner of consultations. For deniedbody parts a PQME is needed unless the denial is legal rather than medical.

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3 Answers | Asked in Workers' Compensation for California on
Q: Workers compensation Insurance agent didn't send Rfa thru ur?

Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to bypass... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

They can do what they want. It’s up to you to know the cases and law why it’s wrong to assert your rights. You need a attorney to do this for you. There are many legal reasons they can do what you mentioned but this does not mean that in your case to have no options. Call an attorney to get... Read more »

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3 Answers | Asked in Workers' Compensation for California on
Q: Three years post injury, case still open, can I get disability now?

I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2020

Yes you can obtain further TTD, 2 years worth within a 5 year period. You may also have a CT which can extend this. Work comp is very complex. Call for a free and confidential consultation. Work comp attorneys provide free consultations.

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3 Answers | Asked in Workers' Compensation for California on
Q: I just closed my work comp case last year, but symptoms are back, new job and it's hard to work, what should I do?

Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 15, 2020

You have a new case with the current employer and because your prior case seems to have been downplayed that can benefit you now. You should consult a workers compensation attorney ASAP to flesh out more details, options and rights

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4 Answers | Asked in Workers' Compensation for California on
Q: if the deposition of a doctor in a work comp case is taken, is the applicant party entitled to a free copy of transcript
Bianca Estella Kushner
Bianca Estella Kushner answered on Jan 13, 2020

The applicant's attorney can file a lien for Medical Legal costs and get reimbursed for any charges, same as the fees for the doctor's costs. Usually the court reporter submit their billing directly to the insurance company.

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3 Answers | Asked in Workers' Compensation for California on
Q: my job has told me I can't leave my house from 8am to 5pm while i am out on workers comp. is that legal????

Good Afternoon,

I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.

The... Read more »

Bianca Estella Kushner
Bianca Estella Kushner answered on Jan 12, 2020

Your attorney might want to check with the defense where there is any rule in the Labor Code supporting that requirement. That requirement would be illegal, for what if you have any doctor's appointments. It appears that they are trying to harass you.

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: What is the statue of limitations if i was stabbed on the job 11/7/18.

Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2020

Your remedy for this workplace injury against your employer is in the workers compensation process. You need to contact a workers compensation attorney right away because if you have waited over a year you may have problems. Your remedy against the assailant is a civil lawsuit. You have two... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: If personal injury settles before workers comp and a credit is issued... Is credit applied to disability settlement?

If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

The credit applies for any costs or benefits the carrier is required to pay in the WC case. Yes, you can dispute the credit.

1 Answer | Asked in Workers' Compensation for California on
Q: Can I dismiss my ptp on grounds lc 9786 for reports that don't conform to the law?

If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company established no mpn.... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

You can change treating physicians without cause at any time by requesting a transfer within the MPN.

1 Answer | Asked in Workers' Compensation for California on
Q: Do I need to submit my proposed argument to the judge beforehand and turn into the court for wc status conference?

I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve the... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 6, 2020

For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?

Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.

I am making no progress, in tremendous pain do to... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 4, 2020

Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I have suffered a work related injury last 2/9/18 and went through all the the treatments and ended up having surgery.

I have returned to work last Oct 2019 and on November my WC MD evaluated me with a permanent disability rating of 2% which is equivalent to $1,740.00

I received a stipulation award form stating in addition to providing future medical treatment WC will be paying me the sum of $1,740.00 Is... Read more »

Dr.  Peter Marc Schaeffer Esq.
Dr. Peter Marc Schaeffer Esq. answered on Jan 2, 2020

If Your permanent disability is only worth 2% then the amount of money they’re offering you is correct. But if your doctor underestimated your disability your claim would be worth a lot more money you should have an attorney Review your case and the medical report the insurance company is basing... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: CA-released by all doctors to return full duty-Employer stalling-no return to work no release-just in limbo-options?

Worker's Comp Injury 4/2017-surgery 3-1-19, released to full duty by all doctors 7/2019-Employer has not allowed me to return to work. Keeps stalling. It is now almost January 2020-my temporary benefits are about to run out and I really want to return to work-what do I do?

Domingo Castillo Jr
Domingo Castillo Jr answered on Dec 30, 2019

You are being jacked around by your employer and you need solid representation by a competent workers compensation attorney. Don’t waste time. Most workers compensation attorneys will give you a free consultation and normally charge about 15% once the case settles.

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1 Answer | Asked in Workers' Compensation for California on
Q: Question

We JUST sent their atty our denial through our workmans comp atty, and our atty just told us she’s sending it to the DA? I’m confused. Doesn’t it stay within our atty’s hands unless we can not agree then it goes to the court? We do believe it’s a Fraudulent case so could our atty be... Read more »

Ronald Mahurin
Ronald Mahurin answered on Dec 19, 2019

This makes no sense because there are too many attorney. Your attorney should be the defense attorney. You need to rephrase the question or I doubt anyone can answer it.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Fired due to attendance currently have an eeoc case open do I have a case?

I was let go due to attendance while on probation I was out for approximately 10days due to an illness I have doctor's notes when I returned to work I had a modified work letter but was denied work and was let go due to attendance my modified work letter states that if employer can not accommodate... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 23, 2019

Far more would have to be learned about your situation to know if there is a violation of the law by this employer. There are conceivable circumstances that would make the employer's actions here lawful or unlawful. The nature of your illness, the timing and content of communications with the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Am I required to submit my W2 to the Workers Comp insurance to continue to receive my PPD payments.

I assume they want to see if I am making more money now than before my injury. The injury was in California in 01/2005.

Ronald Mahurin
Ronald Mahurin answered on Nov 19, 2019

The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.

1 Answer | Asked in Workers' Compensation for California on
Q: what does this mean ? I just received the approved c&r . At the bottom it has this verbiage

Notwithstanding any language to contry in the Compromise and Release and any addenda , this order does not foreclose the applicant’s right to SJDB for injuries occurring on or after 1/1/2013

Steven James Foster
Steven James Foster answered on Nov 7, 2019

It means the Compromise and Release did not settle any right you may have to a Supplemental Job Displacement Benefit.

https://www.dir.ca.gov/dwc/SJDB.html

3 Answers | Asked in Workers' Compensation for California on
Q: I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?

I'm asking because my employer told me I have to go on my time ..

Ronald Mahurin
Ronald Mahurin answered on Nov 3, 2019

The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: if i have a work related injury and i settled my injury through a workers compensation lawyer can i open another one?

opening another case that is not workers compensation related. The injury i sustained was a injury to my left hand when heavy box slammed down on my hand and left a knot between my wrist/lower thumb area in february 2017. When seen by 3 - 4 physical therapist i was diagnosed with chronic pain... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 22, 2019

You need to immediately go back to the workers compensation attorney you used to file your initial claim and speak to him or her about your condition. You cannot simply file a new workers compensation claim arising out of the same injury, nor can you file a claim against your employer outside of... Read more »

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