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Brian Wyld Freeman
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Brian Freeman’s Answers

356 total


  • How long should it take to receive a workers comp reimbursement check for out of pocket costs ? I was on TD for an AOE injury.

    My attorney advised me to submit all related costs to the claims adjuster including copays, provider fees, Rx costs, supplies, mileage, etc. I provided a moron-proof detailed summary with every receipt and provider's billing statement, and have w...

    Brian’s Answer

    I am of the opinion that they have 60 days to pay and then if not paid an expedited hearing may be filed -- as mileage is a species of medical treatment according to case law. Penalties for unreasonable delay may apply later.

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  • I've notified employer I have a WC injury. That was a week ago. They have failed to provide claim form or send to dr.

    hands have hurt for some time, but recently has gotten worse, and led to me filing a claim. I can't seem to get them to submit the claim properly or send me to a doctor. Is there anything that can be done?

    Brian’s Answer

    Yes! Get a lawyer. Most lawyers will get just 15% of your total award at the end of the case. Most offer free consultations too, for example, like my office.

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  • WC work injury settlement

    My surgery and recovery was successful and I asked my lawyer to settle my claim asap and he told me I have to go to QME first. I do not know why he wants me to do that if my claim could be settled after the MMI report. It is what I found on Avvo, ...

    Brian’s Answer

    You have received good advice here. Talk to your attorney and give him or her the benefit of the doubt. They make more when you make more.

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  • Is my employer violating my workers' comp rights?

    Hello, I injured myself at work in September 2014. After a few months of seeing my employer's doctors, I was discharged and sent to full duty without restrictions. However, I still felt hurt and obtained an attorney to help me get a second opin...

    Brian’s Answer

    You got a free answer here that your lawyer should have answered for you. I am curious, as a workers comp lawyer myself, why you didn't ask your attorney about this? Or did you ask and get no answer?

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  • I have an S-Corp in California and am the only person involved. Am I required to get Workers Compensation insurance?

    Thanks

    Brian’s Answer

    If you have even one employee, then the answer is yes, you need to get insurance. The best price I found was from State Compensation Insurance Fund. (SCIF)

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  • How many years does a QME's report stay in effect regarding future medical care

    In 2008, treating physician and QME determined future medical care for trigger thumb. The physical issue has returned, 6 years later. Is my company, who is self insured, still obligated to provide medical treatment and other benefits such as ti...

    Brian’s Answer

    Yes. And you should get an attorney to enforce your rights.

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  • What should I do? Should I stay with the original lawyer or go with the new one?

    I had previously thought I had retained an attorney to represent me in my workers comp claim. We did not sign paperwork because he said that since he had been helping me for so long we could just sign papers during the prep for my deposition. The ...

    Brian’s Answer

    I have no idea why you would want to select a lawyer that blew you off like that. If I were you, I would certainly be searching avvo for a highly rated local attorney in workers' comp. I would never do this to a client of mine.

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  • In was robbed at gunpoint. I filed a workers comp claim to seek counseling. I was fired 2 weeks later. Do I have a AT case?

    My boss and I agreed my work performance suffered after the robbery. My employer provided no aid and no time off. Prior to the robbery my work record was spotless for 4 years. After, I was making mental mistakes as I could not focus. I was alw...

    Brian’s Answer

    I'm sorry you had to go through two bad experiences: the robbery and the employer discrimination. You have both a claim for psychological injury and probably for discrimination under LC 132a. There are two kind of lawyers you need: an employment lawyer for your civil claims connected to a wrongful termination, and a workers' compensation lawyer who can help fight to get you the therapy and/or medication you need to get back to full functioning, as well as possibly file a LC 132a claim. You should definitely call for a free consultation.

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  • Is a high rating on this site mean they only take "big cases"?

    What does the rating mean? I'm pretty far away from help ?

    Brian’s Answer

    Mr. Connell is correct. I, for example, have a 10 rating here and will take cases large or small. Find a workers' comp attorney near Santa Cruz for a free consultation.

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  • When should I get a workers comp attorney?

    I have filed a workers comp claim and have received medical care but no financial compensation. I have been unable to work since Sept. 2014.

    Brian’s Answer

    You should get a lawyer NOW. We know how to fight for your rights to get TTD or at least help you with EDD while you wait for your benefits to kick in. Insurance only had 90 days to decide whether to accept or reject your claim. Free consultations are at every workers' comp firm and our fees come out at the end of whatever we get for you, and is usually only 15%.

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