Eric Maxwell Overholt’s Answers

Eric Maxwell Overholt

San Diego Workers' Compensation Lawyer.

Contributor Level 11
  1. Sued for emotional distress

    Answered 10 months ago.

    1. Brett A. Borah
    2. Fernando Davin Vargas
    3. Malosack Berjis
    4. Mariam Mary Margaryan
    5. Eric Maxwell Overholt
    6. ···
    10 lawyer answers

    This is not a Workers' Compensation question. I will add Personal Injury so that this reaches lawyers who practice in that area. Good luck!

    14 lawyers agreed with this answer

  2. Car accident-each having a witness, conflicting who is at fault. Given a ticket weeks later. PleadNot guilty open to civil suit?

    Answered 11 months ago.

    1. Eric Maxwell Overholt
    2. Christian K. Lassen II
    3. Eric Burton Strongin
    4. Richard Andrew Harting
    5. Paul Ayan
    6. ···
    6 lawyer answers

    I am sorry to hear that you got a ticket, especially if it was not your fault. You may want to talk to an attorney about fighting the ticket. As far as a civil suit. you should definitely talk to an attorney about representing you for your car accident, especially if liability is in dispute.

    10 lawyers agreed with this answer

  3. Ordered a salad in a restaurants and found a nut shell after biting it and broke my tooth, what are my options?

    Answered 10 months ago.

    1. Eric Maxwell Overholt
    2. Christian K. Lassen II
    3. David Ian Schoen
    4. Richard Andrew Harting
    5. John Noah Kitta
    5 lawyer answers

    You are probably entitled to some money for pain and suffering. Make sure you keep the nutshell. Also, jot down the names of any witnesses while the memory is fresh in your head. You may want to consider negotiating a settlement with the restaurant directly. If that does not work, you can try to file a small claims action. Given the likely low dollar amount of this case, some attorneys may not want to take your case. But, if you look around, you will probably be able to find someone...

    8 lawyers agreed with this answer

  4. Do lawyers sometimes work on two different style cases for the same person at the same time?

    Answered 2 months ago.

    1. Eric Maxwell Overholt
    2. Maryam Parman
    3. Sagar P. Parikh
    4. Christian K. Lassen II
    5. David Ian Schoen
    6. ···
    9 lawyer answers

    Yes this certainly does happen. For example, I may represent a client for their personal injury case and their workers compensation case, usually based on the same accident.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can a personal injury claim(from car accident) be dismissed because of workers comp rating award?

    Answered 10 months ago.

    1. Eric Maxwell Overholt
    2. Barry P. Goldberg
    3. Bradford Charles Brereton
    4. Christian K. Lassen II
    5. Richard Andrew Harting
    6. ···
    6 lawyer answers

    This is a very complicated issue. You need to consult an attorney. They short answer is that workers compensation is entitled to dollar for dollar reimbursement from your personally injury case. There are two types of rights that the carrier has: 1: credit rights and 2: lien rights. Both of these rights are held by the workers compensation carrier when there is a personal injury cross over. Consult an attorney who may be able to assist in reducing the lien and credit rights.

    7 lawyers agreed with this answer

  6. How long should it take to get approval for prescriptions, back brace, and physical therapy?

    Answered 10 months ago.

    1. Eric Maxwell Overholt
    2. Peter Joon-Sung Hong
    3. Brett A. Borah
    4. Richard Andrew Harting
    4 lawyer answers

    If you are unrepresented, you may need to go to a Panel QME doctor. Information about this process should be included in paperwork sent to you by the insurance company. This doctor can help evaluate whether that treatment is necessary and whether it should be provided. Beware though, this process does not apply if your date of injury is after 12/31/2012. In addition, this PQME process will change on July 1, 2013 for all dates of injury. Disputes for requests for medical treatment will be...

    Selected as best answer

  7. Workers compensation.I was owed out of pocket monies, mileage and disability payments and my attorney asked for less amount 1/2

    Answered 4 months ago.

    1. Brett A. Borah
    2. Eric Maxwell Overholt
    3. Michael T Warshaw
    3 lawyer answers

    It does not mean that your attorney is ripping you off just because he/she is Facebook friends with the other attorney. Many attorneys are friends with each other on Facebook and other social media outlets. It is a very serious allegation that your attorney withheld evidence because he/she is friends with the defense attorney.

    5 lawyers agreed with this answer

  8. Can I get medical care for a wc injury after my case is closed?

    Answered about 1 month ago.

    1. Eric Maxwell Overholt
    2. John M Connell
    3. Bobby L. Bollinger Jr.
    4. Daniel W Epperly
    4 lawyer answers

    I agree with the previous answers. If your case was closed by way of Stipulation with Request for Award, then you still have medical coverage through Workers' Compensation. If you got a Compromise and Release, then it is unlikely that you can get care through Workers' Compensation on that claim. You can no longer be denied coverage for per-existing conditions, so you should be able to have personal insurance pick it up.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I need lawyer?

    Answered 10 months ago.

    1. Frank Anthony Natoli
    2. Paul Ayan
    3. Adam Kielich
    4. Eric Maxwell Overholt
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    It sounds like you definitely need an attorney. Also, make sure that you report the accident to your own insurance company right away. You may loose important rights for failing to do so.

    6 lawyers agreed with this answer

  10. Will I start receiving work comp benefits?

    Answered 10 months ago.

    1. Eric Maxwell Overholt
    2. Ruben Alonso Montoya
    3. John M Connell
    3 lawyer answers

    You should contact an attorney if your case is still denied after a PQME decision. If you choose not to hire an attorney, your only recourse would be to file for a hearing at the WCAB and then get a trial and do it yourself. An attorney would be preferable.

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