Juan Manuel Armenta’s Answers

Juan Manuel Armenta

Rancho Mirage Workers' Compensation Lawyer.

Contributor Level 11
  1. Do I have cause to get back pay from my employer?

    Answered 13 days 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

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

    Answered 7 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

  3. 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

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

    Answered 7 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

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

    Answered over 2 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

  6. 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

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

    Answered almost 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

  8. I'm wondering if I should get an attorney, I was hurt at work and my workers comp has been denied pending my QME results.

    Answered 8 months ago.

    1. Marjory Harris
    2. Juan Manuel Armenta
    3. Daniel W Epperly
    4. Neil Pedersen
    5. David J. McCormick
    5 lawyer answers

    Yes, you should conslut counsel. The system, expecially in a denied case, is far too complicated for you to do an effective job on your own. Good luck.

    4 lawyers agreed with this answer

  9. I was in a car accident with a big rig, now big rig driver is on workers comp and their insurance wants me to pay him. Why?

    Answered about 1 year ago.

    1. David Lee Fiol
    2. Manuel Alzamora Juarez
    3. Jeffrey Mark Adams
    4. Eric Burton Strongin
    5. Juan Manuel Armenta
    6. ···
    7 lawyer answers

    Just turn the matter to the automobile insurance carrier. That's why you have insurance.

    4 lawyers agreed with this answer

  10. Question about PTP within the MPN. The best surgeon within my MPN require a letter of authorization from the adjuster work comp

    Answered 7 months ago.

    1. Daniel W Epperly
    2. Marjory Harris
    3. Brett A. Borah
    4. Juan Manuel Armenta
    5. Peter Joon-Sung Hong
    5 lawyer answers

    You have an absolute right to see anyone in the MPN, period. Adjusters often through up this ridiculous roadblock just to keep you from increasing costs but that is not your problem. The correct remedy is an expedited hearing at which, unless there is something you are omitting, the judge will order the adjuster to authorize the change in PTP. It is unquestionably a bad faith tactic to obstruct this change but unfortunately there are very few consequential penalties.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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