California Workers' Compensation Questions & Answers

Q: Is it legal for work related interview from insurance company to interview coworker about your medical condition

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

See: https://equity.ucla.edu/wp-content/uploads/2016/06/Questions-to-Avoid-dfeh-161.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
View Details »

Q: My Uncle was permanently disabled on the job in CA, and his settlement required that all his medical treatment and care

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 15, 2017

You need to contact an experienced workers comp law firm or attorney to discuss these issues. Many issues would have to be reviewed such as whether your uncle is seeing an authorized physician and whether he is sending all the med reports and requests in writing to the insurance carrier. Best bet is to make an appointment with a Calif Workers Comp firm to review the case. We've taken many cases like this and litigated them to court to force the carrier to pay the med bills. Good luck
View Details »

Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on Feb 15, 2017

The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can object to his findings and request a PQME. I suggest you talk to a WC attorney ASAP. Remember we do free consultations and work on a contingency fee which means you do not pay anything out of pocket....
View Details »

Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

1 Answer | Asked in Workers' Compensation and Social Security for California on
Answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .
View Details »

Q: I'm Trying to sue State Compensation Insurance Fund, they asked me to pay $5500!

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

Have a lawyer review the details of the case. Did you make an appearance in the suit against you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
View Details »

Q: I was injured on a job over 10 years ago and I my doctor wrote me out 0% disabled with the possibility of surgery needed

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

You need to seek legal counsel with a competent Workers Compensation Attorney. If the matter was Stipulated with Medical Open for the Future, you will probably need to go through the insurance carriers Medical Provider Network of orthopedic doctors. However, most of them are not on your side so a good attorney should be able to get you connected to a good MPN doctor. Good Luck.
View Details »

Q: WC wants Me to sign medical release form for all medical and dental records. Do I have to sign this?

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

The workers Comp insurance company always request a list of all your past medical history. They do this to see if they can find any reason to either deny your claim or reduce the value of your claim by finding pre-existing injuries, disease or symptoms that may contribute to your current claim. At the end of the day, insurance carriers always try to reduce their exposure and liability in all claims in order to pay less on every claim. I suggest you consult with a experienced workers...
View Details »

Q: Is it legal for a workers compensation doctor to give a pregnancy test during an appointment for a minor hand injury?

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

Did you consent to a pregnancy test? Not possible to answer your question with limited facts provided.
View Details »

Q: Hi I'm out on a workers comp injury and sustained another injury unrelated. Neither are complicated. Do I need lawyer?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Feb 10, 2017

You should get an attorney. There are many factors that come into play. For example if you are out on a knee injury and you were walking and due to your WC injury you incurred another injury not at work a good WC lawyer will fight to establish that due to your WC injury you incurred this new injury and therefore effect should be work related.
View Details »

Q: I have workers comp case and need surgery. I found out owner is closing business. What happens with my case?

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

The closing of the business should have no effect on your case since you are dealing with WC Insurance which covered the employer at the date of injury. However I highly recommend that get a free consultation by a local attorney for your injury. Remember that WC attorneys work on a contingency fee which means they get a % of your settlement. If you do not win you do not pay them. Good Luck!
View Details »

Q: 5 years after back injury, delays by Co. WC atty, nerve damage from lack of definitive care, can we sue Co. ?

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for California on
Answered on Feb 10, 2017

What you are going through is very common in WC and unfair in the opinion of many. The current condition of the WC system is due to changes done in 2013 when the IMR was implemented and power taken from attorneys and judges and solely given to medical unit and IMR (Independent Medical Review).

As to your questions. You can sue. Will you prevail? Most likely not. Why? They cover themselves by the medical opinion of a doctor that has never seen you (Utilization Review from Ins.)...
View Details »

Q: Can a job provide accommodations for months and then say they won't anymore?

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Answered on Feb 8, 2017

See: https://www.eeoc.gov/policy/docs/accommodation.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
View Details »

Q: can they with hold a christmas bonus if your on workmans comp

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

An employer is not permitted to treat a worker differently just because she requested Workers Comp benefits, so no. NOTE: if the 'bonus' is based on wages for work and you did not work this year, you were off work being paid Temporary Total Disability indemnity by the insurer all year, there would be no bonus due. CHECK YOUR HANDBOOK or with Human Resources... on what process does the Christmas bonus come? Hours on the job? Length of employment? A personal preference of the owner?...
View Details »

Q: Can my employer assign me to do meaningless work while on work restriction?

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Answered on Feb 5, 2017

Do they have suitable work and a reasonable accommodation to provide you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: I was P&S in 2003...With an 82% rating from DEU. In 2009 I suffered a second on the job injury different body part. I se

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 17, 2017

It depends on whether there are relevant injuries. Speak to a Worker's Compensation lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
View Details »

Q: My Workers Comp doctor wants my personal doctor to sign off on surgery. She refuses and says its a Workers Comp issue

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

Based on your complicated situation, you need to speak to a Workers Compensation Attorney as quickly as possible. Workers Comp is a very tricky and complicated system. Doing it alone without an experienced attorney will give you more problems.
View Details »

Q: My boss is not giving me my check stubs and I see some money missing in my check. Their is more also.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Jan 6, 2017

You can file a wage claim with the Dept of Industrial Relations.

See: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
View Details »

Q: I was wondering what the cap was on paying volunteers a stipend before they are considered an employee?

1 Answer | Asked in Employment Law, Workers' Compensation and Education Law for California on
Answered on Jan 2, 2017

If you're a for-profit company, you may be in violation of CA and federal employment laws if you're not paying people working for you, as volunteer positions generally apply only in the non-profit sector. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
View Details »

Q: In 2003 I received retraining with work restrictions-no more than 2 hours typing per day. How can I lift restriction?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Dec 6, 2016

It will cost MONEY because the doctor won't write a report for free.

This report is at least 13 years old... it has been destroyed by the physician's office and the attorneys' offices. it might be in a govt claim folder but it was probably destroyed as well...those don't last much past 10 years unless the judge orders them out of storage...

...which means YOU are the only one in the whole world who knows about your work restriction.

While I cannot counsel you to...
View Details »

Q: Does the presence or the fact that I was given aNurse Case Manager then mean that the insurance is not trying to pay me?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 21, 2016

Depends on many issues and your set of facts. My experience with nurse case managers is not positive and I do not allow them to meet with my clients at all unless my client is bedridden or severely injured. I suggest you contact a competent worker's compensation attorney and speak to him/her about your case. The consultations are always free. Good luck.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.