Skip to main content
Ruben Alonso Montoya
Avvo
Pro

Ruben Montoya’s Answers

471 total


  • I filed for work comp in CA. The adjuster said it would Take 2 or 3 months for them to review my case. Can I get $ for car repo?

    I filed 10.days after injury. Have been in medical care for back injury 3 days after incident. Adjuster had checks pending until spoke with manager. Will cover med expense but not salary loss til doctor reviews.

    Ruben’s Answer

    They can do that. Apply for EDD. There is probably somehting in an investigation which needs further investigating such as why did you wait 10 days? Did it really happen at work? Etc..? I suggest that you go talk to a WC attorney ASAP. Good Luck!

    See question 
  • California Workers Compensation case approved I get treatment. Now disability insurance company sendt forms for my doctor to

    fill out. Disability company & WC company are separate entity. Been off work 7 1/2 months. My doctor is charging me a fee to fill out disability company forms. I feel that I shouldn't have to pay doctor to fill out form. Can I file claim again...

    Ruben’s Answer

    That is a non WC issue and hence you would be liable. However if you have an attorney he can see about the doctor helping you out or getting a substantial discount due to an ongoing relationship. Talk to your attorney and if you dont have one get one. Good Luck!

    See question 
  • Can I request to have my workers comp claim closed? If so will my simple requesting be enough to drop the case?

    It is a small injury ..I no longer care to continue this process. Please help

    Ruben’s Answer

    Yes. Call the insurance company and let them know. However I would suggest you get adequate medical attention to verify if there is no substantial injury which you believe can be small. Good Luck!

    See question 
  • How adjusters work?

    Adjuster wants to use old medical visits to decrease settlement, the old medical visits have nothing to do with my knee surgery injury. The visits were annual check up and abscess on my face. How long can adjuster dip & dodge reality that the driv...

    Ruben’s Answer

    They will continue to do similar actions. Get an attorney like yesterday.

    See question 
  • Do I need at attorney representation to protect myself if I pursue further medical claims for an injury sustained at work.

    8 years ago I injured my knee at work requiring surgery to repair. It was 2 months after the injury I finally went to a doctor after telling my employer/supervisor I needed to be looked at. I am still suffering from knee pain and believe the probl...

    Ruben’s Answer

    This is going to be a hard sell due to the time that has lapse. You might have a statute of limitations issue. Get a free consultation with a local attorney.

    See question 
  • Should I settle with work comp? Fused neck, 1 level, due to an auto accident while working. Mid 20's when this happened.

    I was working a job as a delivery driver when I was hit head on by another driver failing to yield. I suffered a broken neck and had to have it fused months later. Now almost 3 years later I am not collecting any more disability checks and work co...

    Ruben’s Answer

    • Selected as best answer

    You need to get a new lawyer and ask the court for a continuance. If you attorney is not prepared for trial for something that he knew months in advance that is a clear indication that you need to have a serious chat with him or get new representation. As to your settlement, you had a fusion surgery in a car wreck... this seems to be a cross-over between WC and PI. Do you have a PI case as well? Did you get any money from your PI? In CA PI defendant can get credit in some instances. If you did not have a PI and no credit is being asserted it seems very low since you will probably need revision surgery due to your age in a fusion surgery. Talk to your attorney. Good Luck!

    See question 
  • Can my employer take me back and then not work me because work is slow.

    I was on workers comp and my dr. Gave me restrictions but did not complete a mmi report and said i need to find another dr. To write the report. Needless to say my case is in limbo and the insurance company has dragged there feet for months and is...

    Ruben’s Answer

    Get an attorney. It is obvious you are over your head with how the case is developing. Once you get an attorney he will set you up with a doctor who will adequately treat. Will fight for any benefits you are entitled due to the fact that you are not getting hours you were before DOI. Trust me when I tell you that with competent representation the 15% AA fees you will give your attorney will be minimal to the benefits he can get for you. Good Luck!

    See question 
  • I have a Workers Comp Case pending bad spine injury, also a mad ex-wife who is hacking my cell phone with fake text messages

    Can these test messages be used as evidence against me in a deposition?

    Ruben’s Answer

    Cannot answer questions. Depending on what they state, I guess would be the best answer. If they say you are working some where else, it might.

    See question 
  • How do I get workers comp to take my claim back up

    I was injured on the job about 2 almost 3 months ago I had been going to the workers comp dr as directed by the dr since the accident for what they believe was a hernia I had an ultra sound done but no hernia was seen but a hydro seal was about a...

    Ruben’s Answer

    Get an attorney. The most essential aspect of your case is medical evidence. Going to the wrong doctors (which it seems you are) will destroy your case. A competent WC attorney will get you to the correct doctors that will have your best interest. Good Luck!

    See question