Nancy J Wallace's Answers

What happens if i go to jail while i am on wokers comp insurance?

Often, NOTHING happens when a worker 'disappears' for just 3 months. Because you will miss your Treating Doctor appointments (which -- if you are smart -- you will cancel or you get charged $100s for 'failed' appointments) your Temporary Disability checks CAN BE stopped by the adjuster. The adjuster is supposed to get a 'status' every 45 days, and you'll be out of touch some 90 days. IF THE ADJUSTER or defense attorney requests a hearing and you fail to appear at the hearing, the...

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Wrongful termanated,Was hit in the head by a co-worker in front of atts: superavisor?

I've tried shouting-match-shove 'injuries' at the Workers' Comp Appeals Board, and in Southern California the judges UPHOLD the firing of all involved. While is was very wrong for the co-worker to push a palm into your forehead, it is extremely unlikely that a Workers Comp judge would find a physically-disabling injury from this. You can try a Psych claim asserting psychiatric disability from this assault, but you'd have to prove (not just state but really prove) your emotional state...

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Workers Comp claim denied on grounds that I was independent contractor (not true), Will employer face any punishment once i win?

I'D TURN THIS ONE OVER TO THE AUDIT UNIT of the Div. of Workers Compensation. THE AUDIT UNIT really gets ticked off when an Adjuster denies a claim for no good reason. Here's the complaint form: http://www.dir.ca.gov/dwc/Audcomp.pdf If it has been a year, you should have tried the issue of being an Employee by now... just in a conference, most judges would just tell the defense attorney he's going to lose so go convince the adjuster to accept liability. You can't be found to be a '...

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Workers compensation

iT'S TIME FOR A CERTIFIED SPECIALIST ATTORNEY. So many Workers' Comp attorneys do NOT pursue the "Wrongful Termination" (we call it Labor Code 132A) because it is twice the work for 1/2 the money. Interviewing attorneys, GET IN WRITING from the ATTORNEY (not the assistant sent to your home, but the actual attorney working your claim) THAT THIS ATTORNEY WILL PURSUE ALL BENEFITS UNDER 132A. It is a misdemeanor crime to discriminate against a worker in retaliation for requesting Comp...

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Can my atty take fee from the " back end", of my settlement ? Workers comp california ?

YEAH, THAT'S WHAT WE ATTORNEYS DO... we get our money up front. (Nasty of us, eh?) It's said to be 'Commuted'. We attorneys take our money NOW from the final weeks of the award... ....for example if the award was for 100 weeks of benefits the attorney gets the final 15 weeks of benefits to cover his/her fee, and you actually get just 85 weeks of payments. The judges and attorneys presumed you'd prefer that to having each weekly payment cut by 15% and get only $391 every two weeks...

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I'm currently on disability (workers comp). I'm being tested for opiates from my pain specialist. can weed affect my treatment

MY CLIENTS who have 'self-medicated' are advised to (1) stop street drugs immediately and (2) reschedule the appointment for 10 days out to permit most THC (cannibus residue) to leave your system. That appointment rescheduling won't work if your Temporary Disability ending date is the same date as your appointment; If the pain specialist is just a consulting physician and the main physician continues to write you remain Totally Temporarily Disabled for the coming weeks, you should put off...

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Can my stepson's workman's comp attorney resign in the middle of our case?

YES, THE ATTORNEY CAN RESIGN in the middle of the case. I've had to 'separate' from clients before their claim concluded when we could no longer communicate. Your words make me worried: "...he came to us with a settlement amount..." IF YOU are saying this was just an offer, and the claim is not settled yet, then another attorney can help. BUT IF you are saying your stepson already signed the settlement documents and the settlement check has already been issued, you'll have a dickens...

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Workers Comp in California: If a C&R is voided for misrepresentation, does the employee have to pay the settlement back?

You have to give back the money you got in that Lump Sum payment made on the Order Approving C&R, NOT ALL the Permanent Disability Advance payments made over the life of this claim. This would be required IF the WC Judge found "Good Cause" to set aside the Order Approving Compromise & RElease Agreement. If the judge doesn't find that the 'false statements' were significant or important, then the judge might not Set Aside his order; if the order isnt set aside, no money gets paid back....

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My question concerns workers' comp and employers insurance co. Insurance co. is resuming my weekly amount. What are my options?

ACCEPTING A LUMP SUM FOR SETTLEMENT: If you sign a COMPROMISE & RELEASE AGREEMENT you are accepting money to resolve all of your rights. TRICK ME CONCERNING SENDING ME CHECKS AGAIN??? The checks are required by law, so it isn't a trick; the adjustor got medical evidence showing some PARTIAL permanent disability and -- by law -- is forced to start paying you your settlement money now. THIS MAY FEEL LIKE A TRICK because every Partial Permanent Disability Payment check gets subtracted...

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Labor Code Section 132(a)- What if my lawyer does not want to pursue this violation? I have valid evidence of this violation

For the Attorney, it's 3 times the work for 1/2 the money. There's no insurance for a LC 132a violation, so the attorney has to locate and personally serve the petition on your employer's Agent for Service of Process. At court, you have the burden of proving the employer's State of Mind, virtually impossible. Then after proving the employer terminated you solely as payback for your request of comp benefits, the employer just answers with a Business Necessity defense. Unless you have...

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