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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Alabama on
Q: I signed a release agreement for settlement almost 5 months ago is this normal to wait this long? Can I do anything?

I signed the agreement and check was sent about 5 months ago. They have been working subro (I think that’s what it’s called) with workers comp. Not sure if this is a normal process and how long does it take for everything to be resolved and funds are disbursed? Should I ask for updates or is... View More

James L. Arrasmith
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answered on Jan 4, 2024

Waiting five months for the resolution of a settlement agreement and disbursement of funds, especially in a case involving subrogation with workers' compensation, can be within the normal range of time, but it's understandable that you are concerned about the delay. Subrogation processes,... View More

3 Answers | Asked in Workers' Compensation for California on
Q: About How long after QME says I’m MMI, which is soon, will my case settle?

32% impairment rating. employer most likely won’t take me back because of my work restrictions

Gary Alan Jackson
Gary Alan Jackson
answered on Jan 3, 2024

The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: About How long after QME says I’m MMI, which is soon, will my case settle?

32% impairment rating. employer most likely won’t take me back because of my work restrictions

James L. Arrasmith
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answered on Jan 2, 2024

The timeframe for settling a workers' compensation case after reaching Maximum Medical Improvement (MMI) and receiving an impairment rating, like your 32%, can vary. It depends on several factors, including the complexity of your case, the stance of your employer and their insurance company,... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: When should the WC adjuster request recs from my PCP?

I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More

Ronald Mahurin
Ronald Mahurin
answered on Dec 31, 2023

1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine

2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP

3) If you don't receive the medical records promptly request a court date and have the WCJ...
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2 Answers | Asked in Workers' Compensation for California on
Q: When should the WC adjuster request recs from my PCP?

I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More

James L. Arrasmith
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answered on Dec 31, 2023

In California's workers' compensation system, there are specific rules regarding the exchange of medical information between the injured worker, the claims administrator, and medical evaluators. The claims administrator is responsible for providing relevant medical records to the... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: My work comp case is closed, but they did not pay all my medical. What should I do?
Charles Candiano
Charles Candiano
answered on Dec 30, 2023

I agree with Mr. Ahlberg IF YOU HAD AN ATTORNEY. If you did not have an attorney and there is no language in your settlement contract to pay the providers, you may be stuck. There are NO MEDICAL LIENS on Illinois WC settlements so NONE of the bills have to be paid from the settlement but YOU do... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
Joel Friedman
Joel Friedman
answered on Dec 28, 2023

If you are referring to an Industrial Commission (ICA) hearing, the answer is probably yes, especially if the witness is a lay person and not an expert. If you are saying the witness's question and answers were scripted, that would be very wrong. ICA hearings are not as formal as a court... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
T. Augustus Claus
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answered on Dec 28, 2023

During a trial or deposition, a defendant witness is generally not allowed to read their answer to a lawyer's question while on the stand. Witnesses are expected to provide spontaneous and truthful responses to questions, and reading prepared answers may be seen as an attempt to manipulate or... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I... View More

T. Augustus Claus
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answered on Dec 27, 2023

Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence.... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Workers comp is saying they need to verify my impairment rating even though their certified, Doctor conducted rating.

Workers comp certified doctor gave me a rating of 44%. Worker’s Comp. said they will give me impairment rating benefits at an impairment rating of 5% until they can verify the 44%. How can they legally do this since my impairment rating came from their certified doctor to begin with?

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

The Carrier does not have to accept the rating provided by the state selected Designated Doctor. They can hire a private doctor (RME) and require you to go to this doctor. Then they can challenge the rating before and Administrative Law Judge (ADJ) in a Contested Case Hearing (Administrative Court).

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband, John, got a torn right rotator cuff injury at work. He has seen a doctor for this and is currently receivin

workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a... View More

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an... View More

2 Answers | Asked in Contracts, Estate Planning, Workers' Compensation and Probate for California on
Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?

My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.

She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More

Julie King
Julie King
answered on Dec 15, 2023

Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More

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2 Answers | Asked in Contracts, Estate Planning, Workers' Compensation and Probate for California on
Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?

My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.

She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More

James L. Arrasmith
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answered on Dec 15, 2023

In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother.

A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My girlfriend got hurt at work and receives workers compensation settlement and they won't work with her restrictions

She found a new job that will work with her restrictions and pays less than the job she was previously at how does she move forward from there she was told she would get into trouble for working a full time job but she can't afford to live off the very little she gets from the workers comp... View More

Joel Friedman
Joel Friedman
answered on Dec 13, 2023

There is no easy answer to your question but your girlfriend is entitled to medical care and wage loss disability benefits until, and possibly after, she has recovered as much as she can from her injuries. She is only required, and sometimes only allowed, to go back to work when a doctor says... View More

Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?

I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More

James L. Arrasmith
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answered on Dec 10, 2023

It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Exceptions to the 3 year statute in Illinois to file a claim for Worker's Compensation.

Since one of the exceptions to the three year filing deadline for Illinois worker's compensation is having a medical bill paid related to my injury within 2 years of working for that company, since I no longer work for that company but if I were to get a different kind of job with the same... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

Not for the 2017 injury. That said, it is always possible to reinjure your back or exacerbate a pre-existing injury. If a doctor is able to relate any reinjury or exacerbation of pre-existing injury to your work activities, THAT injury would be compensable under Illinois Worker's... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Illinois Worker's Compensation late claim past the due date questions.

If I was on an unpaid leave of absence with my employer is that considered as still being an employee for the company? As far as the original injury goes, the symptoms first appeared in early Nov. 2017 and an MRI told us what was going on for sure in Dec. 2017. Herniated disc, bulging disc,... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

The most common way to date an injury from repetitive stress trauma (wear and tear) is to use the first day that you went to seek medical attention. For you, that is going to be some date in 2017 so the statute of limitations is going to be the same date in 2020. Remember that in addition to the... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
Neill Nwoha
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answered on Dec 29, 2023

Ah, this is just business as usual. I have never come across a workers compensation doctor that was able to found an injury. And the ones that do dont tend to get re-hired by company's.

I would seek a second opinion from a different doctor, and inform your employer of the findings of...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Covid-19 time extension for Worker's Compensation Illinois.

Does anyone know if when Covid 19 started the U.S. lock down that there were exceptions, extensions, etc. for filing late worker's compensation claims in Illinois?

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

To the best of my knowledge, no statute of limitations was extended as a result of the pandemic. If the three-year SOL for filing your claim ran during the last two weeks of March when the Commission was closed, you would have a strong argument for being able to timely file your claim on April 1,... View More

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