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Your current state is Ohio
Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?
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answered on May 25, 2024
Under California workers' compensation law, there are a few key points to understand:
1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury.... View More 
If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More
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answered on May 24, 2024
Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More
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answered on May 23, 2024
We cannot provide legal advice on this board. We can only give general legal information. We cannot tell you whether you should take this action or not. Generally speaking, I often tell clients that they should avoid doing something that would surprise their doctor. As to whether one can... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
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answered on May 22, 2024
In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:
1. If... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
answered on May 22, 2024
The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More
I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.
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answered on May 21, 2024
Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.
The claims administrator is required to authorize... View More
I'm looking for statutes to back this up.
answered on May 21, 2024
Nobody can tell you whether they can make you switch pharmacies without reading the Compromise and Release that you both signed a/k/a settlement. The Compromise and Release is a formal contract that terminates the claim. It cannot be "appealed."
You say that you were... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
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answered on May 20, 2024
I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.
Regarding potential compensation, there are a few avenues you could potentially explore:
1. Workers'... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
answered on May 20, 2024
The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question... View More
answered on May 16, 2024
Yes it can.
Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be... View More
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answered on May 16, 2024
Yes, under California law, a workers' compensation case can still proceed even if the employee is subject to an administrative separation or termination. The right to workers' compensation benefits is not affected by an employee's job status.
Key points to consider:... View More
I was injured at work in late 2023 , I then began work comp and started receiving benefits.Then saw Dr. # 1 who lied and said I had no injuries.
Months later saw Dr. # 2 who finally said I am injured, put me on light duty, the problem is my company has no light duty jobs to offer me. 3... View More
answered on May 16, 2024
A Florida workers' comp attorney could advise best on this, but your question remains open for four weeks. I'm sorry your question was overlooked - some questions do go unanswered. One option is to try reposting and adding "Workers Compensation" as a category. Another option... View More
I was injured at work in late 2023 , I then began work comp and started receiving benefits.Then saw Dr. # 1 who lied and said I had no injuries.
Months later saw Dr. # 2 who finally said I am injured, put me on light duty, the problem is my company has no light duty jobs to offer me. 3... View More
answered on May 16, 2024
Addendum - it looks like you are in the Ocala area. If you choose to reach out to WC attorneys, you could supplement your own searches with the tab above, "Find a Lawyer" (which lists attorneys by practice area and region). You could also look into the referral sections of local or state... View More
I was evaluated today do I wait and see if a settlement is offered and get a lawyer if I don't agree with the settlement. I'm not sure how all this works and if so am I suing the insurance company or the company I work for?
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answered on May 15, 2024
It's the employer's workers' compensation insurance, not the company itself. However, in some work injury situations there are also third-party claims when someone else acted in a negligent way that caused you to be injured.
As to your first question, you should be seen by... View More
Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.
Reading the articles on Employment Law (Work Comp and Disability), I understand... View More
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answered on May 12, 2024
In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.
1. Workers' Compensation vs. Disability:
- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by... View More
i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More
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answered on May 11, 2024
I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident... View More
i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More
answered on May 13, 2024
If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.
However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you... View More
There lawyer (insurance) is haveing me look for 10 jobs a week. I am still seeing doctors pending a case
answered on May 8, 2024
In a Georgia workers' compensation case, if an injured employee is out of work on either "no work" status or "light duty" work status, getting weekly wage replacement benefits, they typically don't have any obligation to look for a job. Insurers lie to hurt workers... View More
I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?
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answered on Apr 27, 2024
In California, the limits for written discovery in unlimited civil cases are as follows:
1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.
2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,... View More
her nothing to live on for a year i hade to take her in.
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answered on Apr 23, 2024
I understand your concern about your daughter's workers' compensation settlement in California. It seems that a significant portion of the settlement was allocated to cover the weekly payments she should have received, leaving her with insufficient funds to support herself for a year,... View More
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