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Ruben Alonso Montoya
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Ruben Montoya’s Answers

494 total


  • Time frame

    I was approved for workman's comp medical only 3-20-15 then taken off work 6-30-15. 7-9- 15 Insuance company starts to pay me 7-22-15 received an email they want an investigator to speak with me I never asked to be on temp disability was ordered...

    Ruben’s Answer

    Do not talk to investigator without an attorney present. Get an attorney asap. Good Luck!

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  • Workman's comp

    ? I can't afford to pay my bills on workman's comp I have received two checks for loss of income Been out of work since 7-7-2015 Can I just walk away and tell them I will try and deal with whatever happens in the future and go look for work? I...

    Ruben’s Answer

    I suggest that you talk to an attorney and let him know your circumstances and that you want a fast settlement. Based on the seriousness of your injury an attorney can negotiate with little or no medical evidence to buy peace. Get a free consultation.

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  • If a settlement is written in an email & your asked to sign a release based upon that settlement can carrier revoke settlement.

    I have a workers comp case and recently the carrier sent an email to my attorney stating the settlement terms amount, whether or not medical would be opened or closed etc, then stated that documents would be written up after I signed the release t...

    Ruben’s Answer

    As any contract you have the final say whether you sign documentation for settlement. What the insurance offers is just that an offer that you can accept or deny. Your attorney will recommend based on the facts if offer is adequate or not. As to your question it is legal for them to change offer. Good Luck.

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  • Can i file a workers comp claim

    Several years ago i had a piece of equipment fall on my head at work. I recently had an mri of my cervical spine, and it shows damage. I have had neck and shoulder pain off and on since the accident, but thought nothing of it. Can i file a claim n...

    Ruben’s Answer

    As stated previously you might have a statute of limitations problem. However there are exceptions that vary by state. Get a free consultation by a WC attorney to review specific facts to better consult you. Good Luck!

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  • Postal worker. Suffer an injury at work. But department of labor denying the benefits.my first Appeal was denied.

    Need an attorney to represent me.

    Ruben’s Answer

    As stated by others you need a federal WC attorney.

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  • I have two questions. I was injured in 2004. Do I still qualify for a voucher to go to college? Is it too late to get this?

    I was represented years ago for a short period by two attorney's. I foolishly let them go. I am getting to the point of closing my claim. I have been told by my doctor my case is 100% disabled but I am having difficulties getting rated for certain...

    Ruben’s Answer

    If you are 100% disabled you do not qualify for a voucher since being 100% you cannot compete in the work force. However if you are not 100% disabled and you are a qualified injured worker you will be eligible for a voucher. See link: http://www.dir.ca.gov/dwc/sjdb/SJDB_FAQ.html

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  • Can I request a new workers compensation adjuster?

    I have been involved with a workers compensation case that was established in 2003. No care has been received since 2008. The adjuster has told all doctors that she will personally bombard them with so much paperwork and red tape that they will w...

    Ruben’s Answer

    If your attorney is not helping you out I would suggest that you demand a sit down to address issues. If you cannot get one look for another attorney (due to the DOI it might be hard to get a new attorney unless injury is substantial). As to the adjuster issue have your attorney talk to adjuster's supervisor. Most supervisors will hear you out specially if your attorney explains that she is interfering with settlement (since everyone wants to get a 2003 DOI settled). Good Luck!

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  • Workers Compensation 3 day waiting period applies if you're on limited duty?

    I was out of work from December 1-5 and on limited duty (4 hours a day) until December 23rd. The law states that you have to be the temporary disability must continue for more than 14 days in order to be eligible for the 3 day waiting period. Does...

    Ruben’s Answer

    Get an attorney. In order to answer question attorney needs to review specifics of your case. Remember that you get a free consultation and all WC claims are handled on a contingency fee agreement which means no out of pocket expense. Good Luck!

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  • “Is it standard procedure for the injured worker 2 sit outside the Work Comp board hearing while attry speaks on his behalf.

    I've been continually served with Work Comp Status hearing notices but am never allowed to attend actual hearing. My attorney states I'm to sit outside the w/c hearing office while Board & my attrny discuss my case. Is this standard procedure? Am...

    Ruben’s Answer

    Unlike what you may imagine the "court room" to be, IT IS NOT. The scenario is more like a bunch of attorneys in a room (like 10 or more) and only two discussing the issues regarding your case. The judge does not intervene until your attorney goes sees him. When they see him they ask for a joint request or one party argues what he wants oppose to what the other party wants. The judge then decides to either do one or the other. That decision is basically to go off calendar (no more court date till further discovery), get a continuance (another court date) or go to trial. At trial you will be present.

    I suggest that if your attorney is not doing much that you have a sit down with him to ease your mind and him answer any questions you have. If that does not work you might want to get a second opinion. Good Luck!

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  • What type of attorney do I need?

    I have a open workers comp claim for work stress, and anxiety. I was wrongfully terminated due to the same reason of my claim. The employer had knowledge of my disability and yet I was still termed without accomadatiom. I believe I have been discr...

    Ruben’s Answer

    You will need to have your attorney file a 132(a) claim within the WC system. In addition, ask him for a civil attorney to file a wrongful termination claim, ADA outside WC. Good Luck!

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