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Peter Marc Schaeffer's Answers
Contributor Level 12
- 168 Legal Answers
- 10 Legal Guides
2
Attorney answers:
Fo collecting disability, what does "date your disability began" mean?
There are two types of injuries ... Specific and Cumulative trauma. In a specific injury like a fall from a roof... you know exactly the date and time of your injury ..that generally presents no problem. Cumulative trauma is a bit more difficult because this is an injury that occurs over time. If for instance you are a secretary using a computer 7 hours a day for years and somewhere along the way you develop carpal tunnel...generally it will be the first day you missed work or went to a...
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2
Attorney answers:
What is the procedure to prepare and finalize a workers compensation claim under CA workers compensation laws
Go to the information and assistance officer at the local workers compensation appeals board in Hayward. The I and A officer will assist non represented injured workers at not charge and will walk you through the process. There are generally two ways to settle work comp cases. 1. Stipulation and Award which is where you are paid permanent disability on a bi-weekly basis for a statutory amount approximately $230 per week depending upon your pre injury income level. This money is paid till the...
4 people marked this answer as helpful
2
Attorney answers:
Under CA Labor Law, what is the proper course of action when time punches may have been altered?
Altering time cards is grounds for employee termination... it is considered time clock fraud. So why should it be any different for the employer to change timecards to cover up for the failure to provide proper meal breaks and other scheduled rest periods. Contact the local State of California labor commission office in Fresno.
3 people marked this answer as helpful
3
Attorney answers:
How long after an injury do I have to make a workers compensation claim?
You should always report the injury immediately to your employer...even if you have no intention of filing a claim at the time. Many times injuries get progressively worse over time and then you could lose your job or get laid off in the mean time and wind up without anyone to file a claim against since your former employer has what is called a post-termination defense. File the claim immediately. Find a good lawyer ...myself or someone like me, to send you to the right doctors and...
2 people marked this answer as helpful
1
Attorney answers:
Settle ment's for permanent disable sciatica problems w/13% impairment
If you are asking if this is a fair rating.. I am assuming you do not have a lawyer beccause if you did he would review the medical reports and be able to tell you if this is fair or not. I would take the final medical report and have the WCAB rater give you a consultative rating of the report before you settle.
2 people marked this answer as helpful
3
Attorney answers:
Can my California employer restrict me from employment in a competitive industry or with a supplier supplier if I resign
Generally speaking the courts give great scrutiny to non compete clauses and they will be enforced if reasonable in light of all the circumstances surrounding the agreement made between the parties. The key is Reasonableness. If the clause virtually prohibits a party from finding employment in too broad a geographical area considering the nature of the business it won't be enforcible.
2 people marked this answer as helpful
3
Attorney answers:
How long does it take to receive compensation after a final offer has been accepted in an injury case?
If this is a workers compenastion claim and your attorney is not answering your questions contact the information and Assistance officer at your local workers compensation appeals board.
5 people marked this answer as helpful
1
Attorney answers:
Is this mal-treatment / Violation of Labor Laws?
Failure to provide regular rest breaks ..usually 10 minutes may be a violation of labor regulations affecting your particular industry.. contact your local labor board and find out for sure.
1 person marked this answer as helpful
2
Attorney answers:
I got fired from my job 1 week before going on maternity leave. Do I have a case? should i get an attorney?
Since you were on your job less then a year you were not covered by FMLA which would have protected your job for up to 12 weeks while you were out of work to have your baby. It does not seem that you have much of a case based upon the facts you have offered. Good luck.
1 person marked this answer as helpful
1
Attorney answers:
What action can a person take to collect money owed for repair work done based on a verbal agreement in state of CA
Simple... file a small claims court action since this matter is clearly within the jurisdictional limits of the court. Gather up all your bills for materials and account for the hours put in on the job before your customer forced you off the job. If you could bring a witness that would testify that you actually performed the work and even something about the quality of the work.. it wouldn't hurt. You will not collect the full contract amount but will be entitled to the value of the service...
1 person marked this answer as helpful