California Workers Compensation Legal Questions

Law Office of Codi M. Dada Novato Ca. 94945 dadalaw@comcast.net   Your question is unclear please clarify how you were injured.  It is likley you have a viable case.  However, please provide more detail as to the cause of your injury so I may provide you with a more detailed answer.  I invite you to contact me so I can better assist you.  Best Regards, Codi M. Dada, Attorney at Law... Read Answer

Workers compensation was designed to assit people who have been injured as a result of a work related injury.  It appears that you are fearful that you will be fired.  Generally speaking if you are able to perform your job satisfactorily your employer should not treat you differently just because you filed a workers comp claim.  However, in reality, some employers do treat employees differently.  If this were to occur you could fight it in court; but this is expensive emotional and time consuming.  Understadably it is a tough position to be in because you have a family to support and can not risk loosing your income, yet at the same time your injury may be so sever that it is limiting your ability to earn a living. I feel emotional about this situation and feel strongly about it.  I see this situation all the time in my practise.  I would love to assist you in making this decision.  First, I need to talk to you so I can ask you specific questions about your employer and your condition.  Please contact me I will not charge you for this assstance. Codi M. Dada, Attorney at Law 415-827-1425... Read Answer

I may have answered this question in response to a similar question: You may continue to receive TD (temporary disability) benefits if, when you were fired, there was no modified work available for you. It doesn't matter if you resigned, even under pressure: you would still be entitled to TD if the employer, at the time of your resignation, had no work available for you within the restrictions or limitations placed on you by your treating physician. Often, the employer will offer modified work (even sitting down in a lunch room reading work manuals) in order to avoid paying TD. But it appears that you were not offered modified work, so, as I said, you should be able to collect TD.... Read Answer

Legally, you cannot be fired simply because you pursuing a workers' compensation claim, even after it is settled. This is unlawful discrimination under Labor Code Section 132a. It is not uncommon to receive a "cold shoulder" from supervisors; however, unless action is taken against you, such as termination or a reduction in hours unrelated to any work restrictions, there is not much to do about it. Often, having an attorney in your corner will help protect you, but there is no guarantee. You asked how does one settle? That question is complicated, but pay attention to the notices you get from the insurance company, and what your treating doctor says about your condition when you become permanent and stationary. If your doctor says you have recovered with no need for any further treatment and that you have no permanent impairment, and you agree, then there may not be any further "settlement." If you disagree, then you have the right to seek the opinion of a Qualified Medical Examiner. This process is complicated, and at that point I really recommend consulting with a reputable workers' compensation attorney. An attorney can't charge you for such a consultation, but should help you determine what action you can take, and the attorney may also determine that you don't need an attorney. I recommend seeing an attorney who has been certified as a workers' compensation specialist by the California State Bar Board of Legal Specialization.... Read Answer

Obviously, I don't know why you were terminated; you said that you were terminated while on workers' compensation, and I can only presume from the rest of the question that you were off on temporary disability at the time of the termination. My answer is based on that presumption. If you were terminated for good cause, then your temporary disability (TD) benefits should continue unless the employer says that it had modified work for you that were within any work restrictions imposed by your doctor. Since you were fired and you can't do the modified work (if it was offered) due to your own misconduct, temporary disability can stop. If there was no modified work offered or available to you, then TD should continue. See Hardware Mutual Casualty Co. v. WCAB (Hargrove), 32 Cal.Comp.Cases 291 (1967) and Fernandez, 32 Cal.Workers Comp.Reporter 222, 224. If the employer fires you simply because you can't do your job, then TD should continue. You are correct that unemployment benefits aren't available to you because you are unable to perform your usual and customary job. State Disability Benefits should be awarded to you, instead.... Read Answer

A settlement in workers' compensation is based on your level or percentage of permanent disability, estimated costs of future (not necessarily past) medical treatment, the costs of handling the claim, and whether you still have the right to reopen your case to try to establish new and further disability. This reopening must be sought within 5 years of the date of the injury. Other factors which may be considered include possible unpaid temporary disability benefits. Also, if your treating physician or a QME has determined that you are unable to go back to work at your usual and customary job, you are entitled to a "supplemental job displacement benefit" (a voucher for schooling, that can be worth from $4,000 to 10,000, depending on your percentage of permanent disability.) Carriers want to close out the whole case, and may want to include the cost of the voucher in the settlement. In short, there is no formula in workers' compensation to settle based solely on the value of past medical treatment. What is the expected future cost of treatment? That is a more important factor for the carrier and you to consider. If your condition has been permanent and stationary for a year or two (or more), and if you have been using medical treatment, then look at the last couple of years to determine the average cost of that treatment. Then you can project that over your lifetime. You can argue with the insurance carrier that that is the true measure of any settlement (but don't forget permanent disability). However, it is often difficult to get the carrier to agree that that is a correct value for your settlement.... Read Answer

It is not always the best answer to change lawyers. I would NOT call, but set up an appointment with him to discuss your case. Ask him what is the status, the plan and the next step. If you do not get a satisfactory answer. Then get a COMPLETE copy of your file and start interviewing other attorneys.... Read Answer

No, your OWCP will not terminate simply becuase you file for SSA disability.  However once your are approved for both OWCP and SSA benefits, the SSA may reduce its benefits to you.  You need to contact the SSA, not OWCP, regarding the SSA offset. https://plus.google.com/u/0/communities/100194557699660054902?cfem=1  ... Read Answer

Under California law, including the California constitutional right to privacy, you have the right to medical privacy. The workers' comp insurance companies always try to get every record on you. However, they really only have the right to records concerning the body parts or body systems which are at issue on your claim, at least without a showing of good cause. Thus, you can limit the release that you sign to only those doctors or health care facilities that treated you for the needlestick, and even further, you can restrict your authorization to only those records that deal with hepatitis C or other endrocrinology disorders. Thus, if you went to your family doctor for the Hep C needlestick, they have a right to get those records concerning that incident but also that condition. The insurance carrier is not entitled to any records about unrelated medical conditions such as a broken leg, urological problems, ob/gyn records, etc. I should caution, however, that the carrier, if it doesn't get all the records it (mistakenly) thinks it is entitled to, may deny your claim on the ground that you haven't cooperated in establishing your claim. In my experience, the carrier would probably deny the claim anyway, because it will say that you got the Hep C from some other source. You may be in for a fight on your claim.  ... Read Answer

In order to do this, you probably need three things: First, the testimony of your ex to show that the ex asked for your help, needed your help, and that you performed the services for which you are claiming reimbursement. Second, you need to gather all the documentation of your expenses and your time spent, in detail (what tasks you performed, etc.), if you are claiming reimbursement for your time spent. Third, you probably will need a letter from the primary treating physician of your ex that says that your ex needed your assistance to help in recovery or to alleviate symptoms.... Read Answer

California has liberal jurisdiction rules. However, the answer is: it depends. Where is your employer located? If your employer is in California, then there is jurisdiction in California, and California workers' comp laws will apply. If the employer is outside of California, jurisdiction depends on where the contract of employment was made; if it was made in California, then California laws will apply. Please note, however, that just because California workers' comp applies, that does NOT mean that other states may have jurisdiction, as well. For example, because the accident occurred in Connecticut, that state's laws may apply. I would check with both a California attorney and a Connecticut attorney to see which state's workers' comp system is better for you.  ... Read Answer

While I don't know what body part was injured nor the type of surgery, the 2% seems low, but there are a lot of facts which I don't know. You will be able to still collect mileage for your doctor's visits in the future. However, I would urge you to obtain a consultation with an attorney specializing in workers' compensation. You cannot be charged for the consultation, but the attorney can explain the system to you and discuss further action.... Read Answer

There should be no fee for a consultation. An attorney cannot accept a fee from a client without the approval of a workers' compensation judge, even for a consultation. If you look at websites or ads, they usually advise that the consultation is free. If a lawyer tries to charge you for a consultation, find another lawyer.... Read Answer

Normally you should pursue the claim within one year of the date of injury. However, it doesn't seem like your case is over yet, so you may pursue additional benefits and treatment. Did you get notice from the insurance carrier for your first employer that it was closing your case, and telling you that you had to act within certain time limits? When was the last time you received any medical treatment paid for by workers' compensation? If it was in January 2012, then you have until January 2013 to formally file an application for benefits. There are other methods of avoiding the statute of limitation which may or may not apply in your case. Contact a lawyer who specializes in workers' compensation cases to discuss this matter. A consultation is free, and the lawyer doesn't collect any fee until you receive your settlement.... Read Answer

I am not clear if you filed a workers' compensation claim or not. Did the employer's workers' compensation carrier pay for your medical treatment? If you have an active workers' compensation claim, then your question about your eligibility for compensation probably means you want to know if you can get "permanent (partial) disability benefits", as California law characterizes these. The name "permanent disability" does not mean that you cannot return to work, but rather means that you have some condition which is permanent and impairs your activities, and thus enables you to receive this limited benefit. Permanent disability (P.D.) is measured in percentages, and it is determined after your primary treating physician declares you permanent and stationary, and he or she may describe a percentage of impairment. That percentage is then inserted into another formula, which adjusts for various factors, including your age and occupation, to arrive at a final percentage of P.D. There is a specific dollar amount given for each percentage of disability, and paid out in a certain number of weeks. (For example, 10% PD gives the injured worker a payout of 30.25 weeks, at $230/week, for a total of $6,957.50. However, if your company had more than 50 employees, you would be entitled to an increase of that amount to $7,705.41 if you could not return to work. These numbers assume that your average weekly wage was at least $345.) If your treating physician says you are permanent and stationary, then you may accept what he or she says your level of PD is, or you have the right to see a Qualified Medical Examiner, paid for by the insurance company. Be very careful here: the process is complicated, and you will have to pick a doctor from a list of three doctors sent to you by the Medical Unit of the Division of Workers' Compensation. You probably will never have heard of any of them, and that is where a consultation with a reputable workers' compensation lawyer will be very important. However, if you choose the wrong doctor and see that doctor, a lawyer may not be able to help you. That is why you should seek the help of a lawyer before you attend that examination. The lawyer can help you understand the system and the process, and can help protect your rights.... Read Answer

If your condition gets worse, an injured worker in California can reopen a case that was resolved by Stipulations and Award or by an Award by a Workers' Compensation Judge, with future medical open, by filing a petition to reopen with the Workers' Compensation Appeals Board within Five years from the date of the initial injury. That means that you have until March 25, 2013 to file that petition. You need to have some evidence, such as doctor's reports, that show you are worse off. However, if you settled your case by way of a Compromise and Release, giving up your right to future medical care and receiving payment in a lump sum, you have probably given up your right to reopen the case, even within five years. Examine the settlement documents you did sign carefully, to see which type of settlement you have.... Read Answer

Unfortunately, the doctors chosen by employers or insurance companies for initial treatment think that their first duty is to send injured workers back to work, instead of taking care of the worker. In this case, if the doctor didn't put any restrictions on your work, then you probably have to go back and at least try to work, unless you are going to hurt yourself further. Then go back to that doctor and again try to get taken off work. You also have the right to change doctors, usually to another doctor in the Medical Provider Network set up by your employer or the insurance company. You should also consult with an attorney. There is no charge for a consultation, but it may help your understanding and he or she may be interested in taking your case.... Read Answer

As a workers' compensation specialist, I know that clients get frustrated with the delays, as well as the problems with communication. Cases, unfortunately, do take a long time, because of delays in getting doctors' examinations, depositions and your own healing process. Some questions for you: is your condition permanent and stationary? Have you seen a Qualified Medical Examiner (QME) or Agreed Medical Examiner (AME)? If so, when? Did that doctor find that your condition was permanent and stationary? If so, then you should be concerned, although there may be other details that are holding up settlement. I would write a letter to your attorney, and not just call. Sometimes attorneys will respond better to written communication rather than phone calls. Ask for an appointment so the attorney can see you in person, too. I would also prepare for the appointment by writing out questions. Be prepared to discuss how you want to settle the case: do you want to keep your medical treatment open, that is, so the insurance carrier or self-insured employer will continue to pay for your treatment? Or do you want to sell your right to medical treatment in exchange for a lump sum of money? Good luck, and keep trying.... Read Answer