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Eric Maxwell Overholt

Eric Overholt’s Answers

96 total


  • PQME OR AME

    Can someone explain what is the difference between these two and why its better to have an examination done by an AME for a workers comp claim? Thank you

    Eric’s Answer

    • Selected as best answer

    It is a matter of opinion as to whether a PQME or an AME is better. In order to get an AME, you need to be represented, as this option is not available to unrepresented Applicants. It is often times difficult to challenge the opinion of an AME. It is far easier to take the opinions of the PQME to trial, as the Primary Treating Physician (PTP) and the PQME are viewed on similar levels by most judges. However, since the parties agreed to the AME, your only chance to get a different result is to change the AME's mind through depositions. Judges will almost always issue orders based on the AME reports, absent some kind of huge problem like obvious bias, discrimination or faulty reporting.

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  • Workmens comp stopped paying us sinc. Sept. And my lawyer does nothing what should we do?

    My husband's lawyer never seems to have answers to his questions nor helps us. Hes been injured for 3 years and it seems like every few months they sop payment without reason. In sept. They stopped payment stating it passed 104 weeks so they dont ...

    Eric’s Answer

    CA Temporary Disability payments cap out at 104 weeks. There are some exceptions to this rule that you can find in CA Labor Code section 4656(c)(3)(C). You can talk with your attorney to see any of those exceptions will apply to your case so that you can exceed the 104 week cap.

    You can also talk with your attorney to see if you can get an advance against your Permanent Disability (PD) benefits. Depending on how good a relationship the attorney has with the defense and how injured you are, the carrier may be willing to give you an advance against your PD, even if you are not declared Permanent and Stationary yet.

    Also, you can apply for State Disability and/or Social Security benefits. I do not have enough information to be able to determine whether you qualify for any of these benefits. You need to talk to your attorney about all of these alternative.

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  • Is it normal practice of wcab to overlook carrier and employer fraud and nit pick a injured worker for fabricated things .

    Pro per at trial three cases against three seasoned attorneys. Fair because I wasn't alone . Me, myself and I and honesty . Only one attorney took my testimony under oath.other two tack their tails between their legs. Even after recon was granted...

    Eric’s Answer

    I do not really see a question here, other than the one posted in the subject line. No, it is not normal for the WCAB to overlook fraud.

    If you have an AME, then you almost certainly had an attorney at some point. The Workers' Compensation system is complicated and I recommend that you hire another attorney to assist you with your cases.

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  • How strong is my case?

    Im currently off work and collecting sdi for my psychiatric treatment I had a mental breakdown at work after having an argument with a supervisor which he threatens me after filing a complaint against him for mistreatment I felt fine befor...

    Eric’s Answer

    There is not enough information to be able to tell whether you have claim or not. You should be advised that there is such thing as a statute of limitations and you have a limited time to file a claim for an injury. A competent Workers' Compensation attorney should be able to help out. You will also want to talk to your attorney how there may be an offset for some of the other benefits that you are currently receiving through SDI.

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  • Can someone join a class action suit after the complaint is filed?

    If so, how much information is disclosed during discovery/depositions. What if there was some relevant information I do not want to disclose?

    Eric’s Answer

    The short answer is: yes they can. However, as the first answer indicates, you can be a passive participant in the class action process. If you want to participate, then you can fill out a claim form and send it back in if there is one in that class action. Sometimes these claim forms are sent directly to you if the class is one where the parties are likely to know who you are. However, in some class actions where they may not know who you are or where you live then, you will have to find information about how to get a claim form online or in magazine and newspaper publications. In some class actions you don't have to do anything, unless you want to opt-out of the class action, in order to get your money other than make sure that they know where you live to send your check. So, you can still get your settlement recovery if you decide to without actively participating by claiming your money.

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  • What does order suspend action on settlement mean on a workers comp coprimise and release mean

    ready to settle and wanted to know what this meant

    Eric’s Answer

    I recommend that you speak with Information and Assistance or an attorney about this situation. If there was simply a document missing, then it is likely that the Judge would have told you to go get the document and come back. There is likely a larger problem and you need to speak with somebody or you could loose important rights and settle your case for less than it is worth.

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

    My case was closed and they gave me a settlement amount. But I ran out of the funds for my medical care that they gave me. The drs told me that I would need future care becuase they dont know when my back will be better. I have been having problem...

    Eric’s Answer

    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.

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  • Is a D W C-1 workman's comp claim considered a medical record? Is the disclosure of personally identifying information

    (i.e. DOB/SSN) prohibited by law? Ex employer made my DWC-1 a public document by applying for a TRO after I had asked if he carried workman's comp insurance, failing to redact my personal info. My info is now publicly available. Can I seek recours...

    Eric’s Answer

    This question appears in the Workers' Compensation section, however this is not a Workers' Compensation question. It is true that the DWC-1is a Workers' Compensation document, but you probably want to speak with a civil attorney about requesting that the document be placed under seal or redacted. You will need an attorney to help you. I wish you the best of luck.

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  • California workers compensation: What is the status of Valdez case? Can a person treat outside of MPN if claims adj ignored PTP?

    If a claims adjuster does not send a request through UR (accepted injury) can the IW get treatment on their own outside of MPN and ask for reimbursement under Sandhagen? For example, PTP in MPN requested specialist consult numerous times and was ...

    Eric’s Answer

    Valdez is a little tricky. The reports are admissible, but not by themselves. There a a few ways to get the reports in. I can recommend two to you. You will need an MPN doctor to review the reports from the non-MPN doctor and incorporate those into their own reports. In the alternative, you can have a PQME review the reports and comment on them. The trouble with both those scenarios is, of course, that the MPN doctor or the PQME doctor could disagree with your non-MPN doctors reports and you would have little recourse for that. As far as your other question, reimbursement will be tricky largely depending on whether the treatment was medically reasonably necessary. I would suggest you see Information and assistance or an attorney right away.

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  • What is the procedure for notifying opposing counsel of MSC/Trial dates?

    As the Plaintiff, I have the responsibility of notifying opposing counseling of upcoming MSC/Trial dates. Does this need to be a formal notification i.e. on pleading paper, filed with the court? Or will an email with a follow-up letter be suffic...

    Eric’s Answer

    Notices should be mailed and should include information about the type of hearing (i.e. MSC, etc.), the time, location and address of each hearing. Make sure to Include the court address, the department and the Judge's name. You need to make a proof of service for each notice of hearing, which proves that you mailed the notice to the defendant. Send both the notices and the proof of service to he defendant and make sure that you keep a copy for yourself.

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