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Ruben Alonso Montoya
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Ruben Montoya’s Answers

510 total


  • Will lower back surgery reduce workmans comp settlement

    Injured lower back and broke right heel 9/2/14 while at work. WC denied back injury and after months of decompression therapy and numerous epidural's an offer was made but not enough according to my lawyer. Dr suggested surgery so I declined offer...

    Ruben’s Answer

    It depends. If the surgery was successful and you do not need a new surgery that might affect it. However if after you have time to recover and it is determined that you will need further surgery as future medical it will not. However this are mere speculations since we do not know specifics on your claim. Talk to your attorney and if he is not recommending settlement it is because he knows he can get you more. Good Luck!

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  • I owe back taxes. Can the IRS come after my worker's comp settlement money?

    My wife is on medical leave from her job due to a surgery last week. She is currently receiving California SDI of $1,140 per month. I am ending a nasty 2-year long worker's comp claim, and I will be awarded $34,000 this month. I am unemployed, I a...

    Ruben’s Answer

    You should consult with a tax attorney. But as stated previously, if you there is no lien in case it will not be taken from IRS however once in your account they can and will most likely. Good Luck!

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  • Do I have a lawsuit and should I push for better medical treatment? And do I need a lawyer!?- workers comp

    I was hurt on the job receive a pretty bad cut to the head that had to be dermabond and concussion after falling. The er sent me home with a note to return to work in 2 days. I went back to the Er twice since then with pain and headaches due to my...

    Ruben’s Answer

    If you were injured at work and the adjuster is not cooperating I think its time for you to lawyer up. An attorney will get you adequate medical attention with doctor's that are fair unlike what your employer might be sending you too.

    Get a free consultation and have all your questions answered with specifics of your case. Good Luck!

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  • Can I apply for a new job while on a Workers' Compensation leave?

    I was put on a leave by my employer about a year ago. Although, I am still in need of medical care, I am struggling my finances at this point. Thus, I would like to resign my current job, stop current EDD payments, and apply for a new job. However...

    Ruben’s Answer

    If a doctor has declared you TTD (Temporary Totally Disabled) and you get apply for a job you are basically stating that you are not TTD and can work. You basically diminish you injury. Get an attorney tell him your situation and you may be able to get an expedited settlement and move forward with your life. Good Luck!

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  • Currently on workers compensation, my job is trying to force me to work modified duty at less than half an 80 hour work period.

    I work 12 hour shifts which means 2 days during the work week and a full weekend. I got hurt months ago and was told to go home because there was no modified duty available for me. Fast forward to last month and my job magically has modified duty ...

    Ruben’s Answer

    Get an attorney. If there was an agreement previous to DOI of your work hours they should be respected. My best advise is get an attorney to review specifics. Good luck!

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  • Do I have a clear case to receive compensation for lost wages, medical costs and pain & suffering?

    I was sent to Columbus Ohio for a special work training. On the evening of the second day I was there my left eye was bothering me terribly. We had been applying and reapplying makeup during the training process. Some of us were very new and other...

    Ruben’s Answer

    It seems that you are suffering from a temporary injury. In this scenario it will be very hard to get an attorney to take your case since there is no permanent damage. However you should be compensated for time lost due to injury. As to pain and suffering, WC does not pay for it.

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  • What is my next step?

    I hurt my shoulder on the job. I have seen the doctors the work comp insurance company approved. I have had an mri. I have followed the rules to the letter. The mri shows a partial tear. Now the work comp insurance company is not approving treatme...

    Ruben’s Answer

    As previously stated your next step should be to find a WC attorney to guide you through your claim. Good Luck!

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  • Worker's Comp Dr. included in notes past Medical history not related to injury, is he allowed to do that

    I was injured lifting & he included unrelated Medical info on my report

    Ruben’s Answer

    Yes. Your previous medical history can be reference to apportion liability elsewhere. You probably signed a release to all your medical history.

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  • I am out of work on workers compensation for carpel tunnel syndrome in both hands. The insurance group has delayed.

    I have been at my job for about 7 years. I had a work related injury, carpal tunnel, in Nov 2014. I reported the injury, obtained doctors notes, and filled out a Workers Comp form, but my employer refused to submit it. After months of my employer ...

    Ruben’s Answer

    As stated before the best person to answer your questions is your attorney. You should be getting treatment by your PTP if claim accepted. Demand a sit down with your attorney. Good Luck!

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  • I'm releasing my Lawyer, inquired on lien clause & he replied in e-mail I would be released from lien do I need that in writing

    Workers Comp he is requiring 25.00 fee to get file, is his E-mail good enough to release me from lien clause

    Ruben’s Answer

    That should suffice if you relied on it.

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