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Diana I. Castrillon

Diana Castrillon’s Answers

3 total

  • Can I take legal actions against my workers comp doctor for discrimination and failing to administer a standard of care?

    The workers comp doctor refused to help me down from the examining table, based on the fact that he felt I was lying about my condition and the pain I was having. His assistant reached to help me and he told her not to help me. He falsyfied inform...

    Diana’s Answer

    Unfortunately Florida Workers Compensation is notorious for this type of treatment by "insurance company doctors." You really need to see a doctor who is going to be on your side. A licensed adn experienced attorney can assist you in weeding through the insurance company doctors and finding a doctor who is going to be looking out for your best interests - THIS DOCTOR IS OBVIOUSLY NOT. I can help. Feel free to call me for a free consultaiton at (877)215-3529

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • Is employee covered under workers compensation on while traveling on company business

    If an employee is injured while traveling on company business.

    Diana’s Answer

    The quick answer is that you should be covered but these cases are difficult to handle on your own. I strongly recommend that you hire an attorney. However, I will tell you that there is a seminal case in Workers Compensation where an employee while staying at a hotel on company business, hit her head when jumping into the pool to swim for leisure and she was covered because she was only there because her job required her to be there and that leisure activities are reasonably anticipated. I am happy to help you with this matter. Feel free to call me for a free consultation at (877) 215-3529.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • If you get a work related injury that becomes long term and you have long term disability is long term added on top of the wc

    I hurt my back lifting something heavy at work. But come to find out that I have a spinal cord disease and all the heavy lifting over the years contributed to the degeneration of my back. So how would that work? Would workmans comp work with my lo...

    Diana’s Answer

    After having practiced Workers Compensation for nearly ten years both representing insurance companies and now, representing injured workers such as yourself, I can tell you that you seem to have a case (maybe even two cases) Long term disability is a private insurance and usually every policy is different, but generally you cannot receive BOTH workers comp indemnity benefits AS WELL AS disability benefits. There is usually a set off which allows you to collect the greater of the two figures. However, it is adviseable to still apply for both because if one cuts out for a million different reasons (you no longer qualify, the expiration of the benefits, etc.), then you will have the other to fall back on. You are welcome to contact me to discuss this in greater details. I work throughout Miami-Dade, Broward and Palm Beach counties. Call me for free consultation at (877) 215-3529

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