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Peter Marc Schaeffer
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Peter Schaeffer’s Answers

196 total


  • Got hurt at work company doctor says its not work related but hospital where he send me says it is, what can i do?

    lifted a gas tank, company doctor says not work related hospital where he send me to says it was work related didnt really care if it was or not to start with but now im nervouse that i might be at risk of losing job, Work put me on light duty but...

    Peter’s Answer

    I am quite curious... why did your employer feel i was not work related if you were in fact at work when the injury occurred? If that is not the case then how did the injury occur?
    If in fact you got hurt on the job or doing a job related task, you have a workers compensation claim.. period.
    If your employer takes a retaliatory stance against you and threatens to fire you because you either got injured on the job or in fact file a work comp claim that in itself may be grounds for a separate action against the employer called a Labor Code 132a which would provide you with increased benefits if you win.

    Check out the workers compensation attorney's listed on Avvo, read the reviews and make your decision.

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  • Can my job file a stalking and harrasment reprimand against me on behalf of an employee that claims he never filed a complaint

    The man in question states he literally knows nothing about any complaints filed against me on behalf of himself and says he is willing to tell the truth.. he said he respects me..can a job accuse me of a crime if theres no victim?

    Peter’s Answer

    Clearly somebody said something regarding you and starting it would be very hard to believe that your company just made it up out of thin air. Most likely somebody is lying to you regarding them making a complaint against you.

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  • Im on disability leave from work. If I travel out of state a few days can this hurt my workers comp case?

    My back is injured and I wanted to take a greyhound to get away for a few days as i have not had any getaway in years i spend most of the time in bed. i noticed when i do go to my doctor appointments i have been followed alot recently by the inves...

    Peter’s Answer

    • Selected as best answer

    Not really, people travel for many reasons ...some times they have to respond to family emergencies or family commitments ....if it comes up in a deposition the defense attorney will ask rather probing questions regarding what you actually did on the trip and if you volunteer you were having the time of your life while collecting disability benefits.... it won't go well.

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  • The workman comp doctor said he is putting request in for surgery. If they deny it what is the next step?

    Every treatment has been tried and failed and surgery is the last option. Just wondering what happens if it gets denied by workmans comp

    Peter’s Answer

    • Selected as best answer

    if the treatment gets denied by Utilization Review, your next option is to have your attorney apply for IMR.. independent medical review which is the next step in the appeal of a denial... frankly IMR in many instances is a rubber stamp approval of the UR denial but every so often lawyers get lucky and the treatment is approved.

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  • I was injured at work do I need to go to the company designated medical clinic for treatment or can I see my personal physician

    my employer is stating that I am NOT fit for work until I am seen at their medical clinic for treatment and they are not allowing me to work whatsoever. I never signed anything agreeing to this. I feel I should be allowed to see my primary care ph...

    Peter’s Answer

    They are entitled to send you to their doctors for the first appointment / exam in most instances unless you predesignated a doctor for work injuries prior

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  • Should I attend my MSC hearing for workers compensation? my attorney said it was not necessary for me to attend

    i am not sure my attorney has my best interest at heart

    Peter’s Answer

    As for my client so I generally check with the defense attorney to see if anything is going to be accomplished at the MSC if they're going to stall us or request some other proceeding then there's no reason for me to waste my clients time just sitting there at the court while the two attorneys hash things out so trust your attorney

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  • Can I be denied Workers Comp if I never refused to return to work after a major car accident that's the company fault?

    I was injured driving my company carrier van and flipped over on the freeway. The tow man and the police both said it had to be because my load was over the max weight limit. I went to emergency and have been out of work for a month. I fax over al...

    Peter’s Answer

    I could not agree more with mr. epperly.
    His option 3 .., get a good work comp atty is the soundest advice for you.
    Look at the Avvo.com list of attorneys in your area and pick one with solid track performance snd positive reviews.
    Good luck.
    Peter S.

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  • How can I get released back to full duty from modified duty as quickly as possible?

    I'm a truck driver with 15 years experience and have worked 6 years at my current employer. Three weeks ago, I felt pain in my right knee while exiting the truck. I reported it to my employer and was sent to see a doctor. I was placed on modifi...

    Peter’s Answer

    If you feel fully capable of returning to work on full duty and get this promotion within the window of opportunity convince the doctor that you are capable of returning to full duty he should have no reservations about doing that since you are the patient and it's your position that you can do the job. It is always a refreshing surprise when an injured worker insists on going back to work full duty

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  • Do I need a new workers comp attorney?

    I was injured at work my meniscus was torn. I had surgery last April, had therapy for a month or so. Then the Dr. Sent me back to work. I told him I couldn't, I felt I wasn't better, he ignored me. I haven't met with my attorney, I have only been ...

    Peter’s Answer

    Why anyone would hire an attorney without first meeting with them face to face is incomprehensible. Find a great workers company attorney who will
    Meet with you. Check the attorney ratings and reviews on AVVO.COM and find the right lawyer.

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  • CA workers comp case, I have been classified as PD. I need to find part time work, do I have to pay back my PD?

    I have been PD and MMI for over a year now. I need to get a part time job to make ends meet. I was told that if I found a part time job, I would have to pay back my PD. I can not do the work that I used to do, but I do need to find part time wo...

    Peter’s Answer

    Whoever gave you that advice is quite wrong, if you were still temporarily disabled and you made money you would have to return a certain portion of the temporary disability money.

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