Ruben Alonso Montoya’s Answers

Ruben Alonso Montoya

Anaheim Hills Workers' Compensation Lawyer.

Contributor Level 13
  1. Do penalties & interests apply to accepted Workers’ Comp. claims only?

    Answered over 2 years ago.

    1. Ruben Alonso Montoya
    2. Charles Robert Cleveland Jr.
    3. George Ellis Corson IV
    4. Nancy J Wallace
    4 lawyer answers

    Yes once accepted you must make a demand for TD benefits owed if not paid within 90 days the penalties increases from 10% to 25%.

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  2. Can a worker comp settlement happen at msc hearing if no deposition was ever taken and what is the reason for a deposition?

    Answered about 2 years ago.

    1. Ruben Alonso Montoya
    2. George Ellis Corson IV
    3. Brett A. Borah
    4. Nancy J Wallace
    4 lawyer answers

    Deposition are to get info from you. If they dont take one it is bc no info is required from you at the time. Settlement can take place at any time, whether it is supported by medical evidence is another story. MSC normally a party is claiming that case is ready for settlement however it is rebuttable. Discovery is close once set for trial however ptp reports are admissable regardless. Talk to your attorney regarding this issues. Good luck!

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  3. Can an employee file for stress under workmans comp if an employer discriminates and harasses an employee.

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Ruben Alonso Montoya
    3. Jibit Cinar
    4. Pamela Octavia Pitt
    4 lawyer answers

    He can file a WC but now with new law that took effect on 1/1/13 it is going to be harder. However, you state that your husband is in constant pain from work that might be a continuing injury due to his job duties. I would suggest that you consult with a WC attorney to discuss such. Good Luck!

    7 lawyers agreed with this answer

  4. Is it true that workers compensation investigators interview neighbors to find out information about your activities ?

    Answered almost 2 years ago.

    1. Ruben Alonso Montoya
    2. Irina Rubin
    3. Richard Carl Binder
    4. Peter Joon-Sung Hong
    5. James Mitchell Hoffmann
    6. ···
    6 lawyer answers

    They can follow you around and ask questions. If the info they gather is evidence that can be used against is another story. Investigators want to catch you doing something outside the restrictions set by your doctor. Basically, they want to rebut the doctor's findings by your actions and hence minimize the value of the case. Most of the time they will find you doing normal day activities with an action or two that is beyond the restriction. Defense will try to use that against you and...

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  5. How can I reopen this case. If not reopen, how can I sue attorneys..???

    Answered 22 days ago.

    1. Brett A. Borah
    2. Michael Charles Doland
    3. Ruben Alonso Montoya
    4. Sheryl L Lam
    5. Peter Joon-Sung Hong
    5 lawyer answers

    Agree with Mr. Borah. We need additional facts. If your brother settled by way of C&R it might be too late. If your brother settled by stip and it has not been over 5 years of DOI you might have a chance. However if it stipped it would have to be based on medical evidence. Rest assure that if the case settled for a low amount it is very probable that their are facts that you might not be well aware off. I say this because in the scenario you are describing no decent attorney would...

    6 lawyers agreed with this answer

  6. Worker compensation help needed

    Answered 23 days ago.

    1. David Kestner
    2. Ruben Alonso Montoya
    3. Brett A. Borah
    3 lawyer answers

    From what I understood from your post: You missed an appointment and have not seen a doctor for 35 days and due to such they cut your TTD benefits for the 3 months. Have you seen a doctor declaring you TTD? If not you need to do so. Once there is a report declaring you TTD again you can get benefits (if PTP is in MPN). As to your attorney. There is no reason why your attorney should take two weeks to get you a doctor's appointment.

    6 lawyers agreed with this answer

  7. Can i include my uncle as household member in form I-864?

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Ruben Alonso Montoya
    3. Thomas J Dao
    3 lawyer answers

    Re-directed you to immigration forum. Workers' Compensation is for injury at the workplace. Good Luck!

    6 lawyers agreed with this answer

  8. I am being represented in a Workers Compensation case.And I am scheduled for 2 doctors appointment,My jobs insurance and lawyers

    Answered about 2 years ago.

    1. Bobby L. Bollinger Jr.
    2. Nancy J Wallace
    3. Ruben Alonso Montoya
    4. George Ellis Corson IV
    5. Kurt Matthew Young
    6. ···
    6 lawyer answers

    I would wait for the 2/2 appointment that your attorney scheduled. In fact I would stop going to all appointments that your insured schedules unless your attorney authorized it. One more thing, I would be asking my attorney such questions, that is why you hired him. Good Luck!

    6 lawyers agreed with this answer

  9. If I was rated 4 percent permanently disabled by a QME, does a 10,000 settlement sound right for a workers comp case?

    Answered over 2 years ago.

    1. Ruben Alonso Montoya
    2. Brett A. Borah
    3. Robert Don Fink
    3 lawyer answers

    It all depends of many factors like age occupation what future medical is recommended is there sdditional body parts etc... have free consultation with a wc atty

    6 lawyers agreed with this answer

  10. Hi i have a back injury wich requires surgery i went to the interview in july 2012 my attorney says workers comp denied my case

    Answered over 2 years ago.

    1. Ruben Alonso Montoya
    2. Brett A. Borah
    3. George Ellis Corson IV
    4. Charles Robert Cleveland Jr.
    4 lawyer answers

    Your attorney is letting you know that your case has been denied. This denial can be for many reasons, post-termination , AOE/COE, no medical evidence, etc... The attorney's job is to get your claim accepted by gathering evidence to support or rebut the defense claim. In regards to your question regarding a new attorney, YES you can get a new attorney, however getting a new attorney will not get your claim accepted immediately. Have a sit down with your attorney and ask him why your claim...

    6 lawyers agreed with this answer

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