Juan Manuel Armenta’s Answers

Juan Manuel Armenta

Rancho Mirage Workers' Compensation Lawyer.

Contributor Level 12
  1. Car accident -- insured refusing to cooperate with my insurance

    Answered 28 days ago.

    1. Juan Manuel Armenta
    2. Tigran Grigoryan
    3. Steven Ray York
    4. Christian K. Lassen II
    5. Ajay Mohan Kwatra
    6. ···
    11 lawyer answers

    Arbitration generally is to cover property damages when the two companies have a dispute. As to your issues teh arbitration has no effect. You indeed should consult a personal injury attorney, though parking lot cases are tough.

    10 lawyers agreed with this answer

  2. Do I have cause to get back pay from my employer?

    Answered 3 months ago.

    1. Juan Manuel Armenta
    2. Brad S Kane
    3. Neil Pedersen
    4. Michael Jens Frederick Smith
    4 lawyer answers

    Your question needs more facts to answer well, but a few comments, If you are exempt you do not have a right to overtime so the first thing that needs to be assessed is whether you are exempt. To be exempt more than half of your time must be spent on true managerial functions. For instance, if more than 50% of your time is spent on waiting on customers, ringing up sales, etc. then you are probably not exempt and your overtime is due. Whether you are exempt or not is very fact specific and...

    9 lawyers agreed with this answer

  3. Is it important to have a local lawyer ? It is an employment dispute.

    Answered 10 months ago.

    1. Jonathan Aaron Weinman
    2. Tuvia Korobkin
    3. Navid Yadegar
    4. Juan Manuel Armenta
    5. Anthony Joshua Orshansky
    6. ···
    9 lawyer answers

    In an era of swift and easy communication systems quality is far more important than location.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Employer has no workers comp insurance

    Answered about 1 month ago.

    1. Sheryl L Lam
    2. Juan Manuel Armenta
    3. Adam James Savin
    4. Gilbert Earl Fisher
    5. Peter Joon-Sung Hong
    6. ···
    6 lawyer answers

    Your question is lacking in facts, but a few points. If you were doing work for which a contractor's license was required then the contractor might be your employer. You also might have the option to sue your employer civilly and also pursue benefits from the uninsured benefits fund.

    6 lawyers agreed with this answer

  5. If social security finds you disabled then how will it impact an open workers compensation claim which the IC has denied?

    Answered about 1 year ago.

    1. Brett A. Borah
    2. Juan Manuel Armenta
    3. George Ellis Corson IV
    4. Christian K. Lassen II
    5. John F. Ayers III
    5 lawyer answers

    The systems are different as mentioned above. But, there can be quite an impact and this requires careful consideration of the comp aspect on social security.

    6 lawyers agreed with this answer

  6. Does defense attorney need to let plaintiffs attorney review a letter he sends to AME doctor in a workers comp claim

    Answered 10 months ago.

    1. Juan Manuel Armenta
    2. Brett A. Borah
    3. Karen Dena Steinitz
    3 lawyer answers

    If the letter bears on a disputed issue it is "information" and must be served on your lawyer 20 days before intended service upon the AME. The cases on this are numerous but for reasons I will never understand many practitioners miss the point. Trapero, Ferniza, Alvarez, Nedhar are but a few examples. So the answer is no. I realize that in some areas each side sends their own letter, but that is not what the letter of the law requires as the cases on the issue point out. A violation...

    Selected as best answer

  7. Does a termite company need workers' compensation insurance.

    Answered almost 3 years ago.

    1. George Ellis Corson IV
    2. Brett A. Borah
    3. Juan Manuel Armenta
    3 lawyer answers

    Every employer must carry workers compensation insurance. I would not hire such a company nor would I work for one that did not carry insurance.

    5 lawyers agreed with this answer

  8. What are the most imperative questions when looking for a W.C. lawyer? Success rate, Compensation, Experience?

    Answered 28 days ago.

    1. Christine C McCall
    2. Brett A. Borah
    3. Neil Pedersen
    4. Scott Douglas Silberman
    5. John M Connell
    6. ···
    8 lawyer answers

    The size of your employer is not relevant. They have no clout based on size and it is really the carrier on the hook anyway. To me the biggest feature is avoiding a mill where your case will be processed by paralegals or other staff who are not lawyers. You have the right to expect your case will at all times be managed by a lawyer. The next feature is the ability to communicate with your lawyer rather than staff, which kind of dovetails with the first issue.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. California Workers’ Comp. Question; how many years for lifetime PD?

    Answered about 1 year ago.

    1. Manuel Jaime Rodriguez Jr
    2. Brett A. Borah
    3. George Ellis Corson IV
    4. Juan Manuel Armenta
    5. Christian K. Lassen II
    5 lawyer answers

    The life expectancy tables will be used. But, to figure present vale the discount rate is most critical. The insurer will always try and use a very high discount rate to reduce he present value.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Do I have to give 30 days notice, or can I quit immediately?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Juan Manuel Armenta
    3. Steven Mark Sweat
    3 lawyer answers

    Franks is correct. The contract and your circumstances need review. If you are really an employee you can quit anytime.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful