David Blair Nitka’s Answers

David Blair Nitka

Redondo Beach Personal Injury Lawyer.

Contributor Level 8
  1. Can a CA work comp back round check keep me from being rehired if i worked for the after my suit in the first place?

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Russell J. Thomas Jr
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    California Labor Code Section 132a prohibits discrimination against an employee for filing a workers' comp claim. I doubt the 132a claim you have described would be successful. Your question is unclear in that it sounds like you filed your job application. Then your employer did a workers' comp check on you to see about past claims. Now it has been 6 weeks and your potential employer is saying that they have not hear back from the state. If this is the current status it doesnt make any sense....

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  2. Workers Comp Case - Insurance coverage

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Brett A. Borah
    2 lawyer answers

    An experienced Workers' Compensation attorney will have access to EDEX. EDEX is a state system that keeps track of all filed workers comp claims going back to about 1960. Any worker can be looked up by social security #. EDEX will list any prior attorneys as well. It is not necessary to contact your prior attorney to have a new attorney take your claim. Once an EDEX check is run, there are state wide copy services which can retrieve old records. The problem with your case is that most...

    1 person marked this answer as helpful

  3. I live in California and I am on approved SSDI. Can I be lawfully terminated?

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Brett A. Borah
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    You have a complex problem and goes to why a person injured at work should file a notice of injury (DWC-1) form immediatly, even if you take no action. Now you have a multitude of issues. If you claim your injury is work related, your employer can claim the post-termination defense and deny your case. If you claim your injury is not work related, then your employer could terminate you if they are unable to accomadate you. Certainly you would be entitled to FMLA time but during FMLA...

  4. Can I seek for an acupuncturist and pay it myself even if I am in a workers comp case?

    Answered about 4 years ago.

    1. Brett A. Borah
    2. David Blair Nitka
    3. Andrew Daniel Myers
    3 lawyer answers

    You can treat on your own for your workers comp injury with any doctor you choose. You can seek reimbursement for your treatment. If you can show that your treatment was medically necessary and there was unreasonable delay by the insurer you may get reimbursed. If your case goes to trial your accupuncturist records may(though it is unlikely) be excluded from evidence. If you decide to treat on your own with an accupuncturist, you should get a prescription for the treatment from a...

  5. Un paid wages,fired given partial final payment, not full tips check

    Answered about 4 years ago.

    1. William M. Pao
    2. David Blair Nitka
    2 lawyer answers

    You also have a claim under Labor Code Section 203. If the employer doesnt pay you your full check(plus gratuties) immediatly upon discharge, penalties accrue against the employer. You are paid a full days wage for each day your payment is late for up to 30 days. If your case is before the labor commissioner be sure to raise your right to penalties for late payment.

  6. Where can I obtain a free "motion to set aside judgment form (C-35)?

    Answered about 4 years ago.

    1. Troy Austin Pickard
    2. David Blair Nitka
    2 lawyer answers

    Mr. Pickard, (prior answer), is correct in that attorneys will not give away motions. Preparing motions is what we do and how we make money. Your question is unclear about which court your case is being heard in and the posture of the case. Nonetheless, in California there are form motions which are approved for use by the court. The can be found here: http://www.courtinfo.ca.gov/forms/ Other courts have similar forms i.e. bankruptcy court. Best of luck in resolving your issue.

  7. Is the action of the School negligent?

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Adam David Sorrells
    2 lawyer answers

    I believe you have posted your question in the wrong forum. Personal Injury refers to car accident and slip and fall type cases. The type of legal question you are asking refers to administrative law and/or education law. You should consider searching avvo for a lawyer that handles education law or contacting the Sacramento County Bar Association.

  8. Car is totaled, cousin was driving no lisence, can i sue since my insurance wont cover me?

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Peter Robert Stone
    2 lawyer answers

    You can sue your cousin. You will be responsbile for the debt. Your cousin will owe you. If your cousin has no money and no assets it may not be worth the trouble.

  9. What to do if your lawyer has messed my case up?

    Answered about 4 years ago.

    1. Phillip L. Wray II
    2. Jason Eric Kipness
    3. David Blair Nitka
    3 lawyer answers

    You should speak with a different lawyer. I would recommend speaking with your friends or business associates about lawyers they recommend. A good lawyer referal can be very valuable. A bad lawyer referal can be problematic. Avvo offers lawyer reviews as well which may be a place to start looking. It is also reasonable to ask the attorney or doctor to cut their fees if you feel that you are not getting properly compensated. Then again if you had a very time consuming case, the lawyer may...

  10. Does sub-contractors that only work for one company need to have there own workman comp

    Answered about 4 years ago.

    1. David Blair Nitka
    2. Alan Stuart Katkin
    2 lawyer answers

    Most probably yes. The General likely has workers comp for his EMPLOYEES. You are an independent contractor of the General so you are most likely not covered by his WC insurance. In rare occasions a General will cover the subs, such as when the site requires an umbrella policy for all parties. This usually only happens in large municipal projects, think stadiums and courthouses. Regardless, it is good practice to carry your own insurance. If there is a lapse in coverage by the General or the...