California Workers' Compensation Questions & Answers

Q: I am able to apply the old schedual 1997 to my WC case. is it much better than the 2005 scheduale? Would it be better

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 31, 2016

For 100%, the Labor Code says you get the Temporary Disability rate payment every week for life... so it doesn't matter which 'schedule' you use.

NOW: if the defense attorneys are offering some lump sum based on 90%, it's most likely a little higher on the old 1997 schedule because there were ratings for 'sedentary work only' and 'helping member only' for a weak hand that aren't recognized in the Whole Person Impairment findings in the new post-Schwarzenegger Hell that is the Labor...
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Q: I am going to court for workers comp case and the Dr just released me back to work will i still receive money

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 31, 2016

Do you receive money when the treating physician writes you can return to all pre-injury work? Maybe.

You will NOT receive Temporary Total Disability indemnity, so no more TTD or TPD checks.

The day the Treating Doctor says "this is your final visit; you don't have to come back unless you have a flare up or a new problem" is the day you should apply for Unemployment Insurance at www.edd.ca.gov . One question on the EDD application (all online now) is 'are you disabled' ;...
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Q: My case is almost resolved, my Dr. sent the final supplemental report, & waiting for authorization from opposite side

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 31, 2016

Authorization is ALWAYS about money! How long is it 'supposed to' take? Sad to say, there is no set time. If the Insurance Adjuster thinks the Treating doctor's opinion is too generous and you really don't have as much disability as the Treating Doctor writes, then she can request a Qualified Medical Evaluation --- the QME (first she or her defense attorney haveto suggest the Agree Medical Evaluaton...the AME, sort of a Doctor 'God' because what he writes 'goes'').

if your attorney...
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Q: Fell @ work filed a report. Im working & have WC DR & PT apts. Work wont allow sick or vacation 2 cover loss pay.Legal?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jul 22, 2016

Contact a member of www.caoc.org who handles workers compensation cases in your area--they give free consultations.Seems to me under most state laws comp should pay you for the time (but that will be at the comp rate).
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Q: highest amt for msa w/o red flags from judge or ss

1 Answer | Asked in Workers' Compensation for California on
Answered on Jul 22, 2016

Not sure what you mean by red flags, but if you mean that you will try to get this without social security knowing, don't. Federal fraud isn't pretty, nor is state fraud. Retired doing time isn't great either. Pelican Bay isn't a seaside resort.

Why not get a free consult from a member of www.caoc.org who handles workers comp?
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Q: I am sure I have a case , I do not know if it falls under one or more categories ?

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Answered on Jul 1, 2016

Contact a member of www.caoc.org who handles employment issues--they give free consultations.
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Q: Would it be beneficial to get a second opinion in a WC case?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 20, 2016

In general, I say that getting multiple opinions on anything is a good thing. Obviously, though, I have no idea whether getting a second opinion is a good idea in your specific case.

Getting another opinion costs money, of course. You have to decide whether that cost is worth it.

Andy
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Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 20, 2016

The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've done several cases involving unpaid restaurant workers like you.

If the problems you describe can be proven in some way (this is not easy, but also rarely impossible), the law will likely be on your...
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Q: I received Worker's Compensation pay while off of work due to an injury. Will I be required to repay that money?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 2, 2015

Probably not. Workers compensation is precisely for that: lost wages for being off work due to a work-related injury (as well as medical expenses).
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Q: I am unable to attend drill due to a neck injury what can I do to prevent me from furthering injury if they request me

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 13, 2015

Drill? What do you mean by that? If you are on bedrest, then they cannot expect much more from you.
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Q: Can a roofing company charge the client for workmans compensation insurance for its workers?

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 19, 2015

Perhaps because the roofing company is just starting out, and have not needed such coverage before. I would require proof that the company is bonded before agreeing to the estimate. Also, of course, ask why overhead such as these insurance premiums are not amortized among all of the company's jobs, not just your one. If you don't get a satisfactory explanation, don't award the contract to his company.

Q: Settlement letter from my attorney.

1 Answer | Asked in Workers' Compensation for California on
Answered on May 13, 2015

Your lawyer is the only one who knows what's going on. Keep trying to call him... sent him emails.. if need be, send him a certified letter asking that he call you immediately.

Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

1 Answer | Asked in Workers' Compensation for California on
Answered on Apr 10, 2015

Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you would need to return to work or risk losing your wage loss benefits in the future.

Q: If I own a business and my children work there, am I required to carry workman's comp. on them?

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 24, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should carry worker's comp insurance for all employees.

Q: is it possible to get records of past Workman's Compensation cases?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can contact the doctor's office and request copies of your file. It may well be that they do not keep records dating back to 1979. If they do, they should be able to make copies for you and ask you to cover the duplication costs. Be sure to consult your own attorney to protect your legal rights.

Q: what do you do if your work comp lawyer has passed away

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 28, 2014

Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 28, 2014

You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at all on your case, the odds of you being able to fire him without paying him a cent are next to nil.

Andy

Q: off work because my employer has no modified duty after a work related injury, who pays my portion of medical benefits

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 23, 2014

If youe claimed injury is admitted by the carrier, you should incur no costs for treatment. If the claim is denied and you are seeking treatment through your regular medical provider you might be asked for co-pays, but you can send copies of the co-pay receipts to the carrier for reimbursement. In sum, under California law the injured worker does not pay for medical treatment. Look up the Multiple Physician Network MPN for your carrier if the claim is admitted and select a physician in the...

Q: Can a PTD decision be reversed if one is able to return to the workforce 20 years after the injury?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 11, 2012

In some states, maybe, if you have a change of circumstance. Contact a California attorney immediately. I only practice in Illinois.

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