Michael Douglas Goforth's Answers

Who's financially responsible for the damage to my parked car, in a 3 vehicle (possible) hit & run?

It seems that the responsible driver has admitted that she wrecked your car. So the burden of establishing a defense to your claim is on her. Phantom vehicle defenses are, as you suspected, weak without corroborative evidence. So Geico will likely pay your claim. If they refuse to pay, they may be doing so in bad faith, and you should file a complaint with the Department of Insurance.

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Employer never reported catastrophic injury to OSHA. Can I sue him?

This is a workers' compensation claim, however under certain circumstances a civil law suit may be filed against a third party which was the cause of your injury. The Labor code also authorizes a "serious and willful" penalty claim against your employer under particular circumstances where the employer was a factor in causing your injury. There are also a few instances in which you could file a civil suit against the employer. More facts are necessary to determine these issues. You should...

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Ca work comp case with ame appointment soon, what can i ask and what should i answer?

You can ask the AME doctor his opinion. In fact your attorney and the insurance carrier have agreed to use the AME to issue a written opinion about your permanent disability percentage, and the type of medical care that you will need to treat your CRPS. You should consult with your attorney about this prior to your AME appointment.

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The right to privacy

If you do have a crime record, it's a mater of public record so you would not be dealing with a privacy rights violation.

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What can I do to get my personal injury lawyer to return my calls in CA state?

You should call the attorneys office and inform them that you will be there in person to pick up a copy of your file. Then get a second opinion from a new attorney. If your present attorney refuses to give you a complete copy of your file, you should file a complaint with the State Bar.

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Can I still file a WC case after 3 years?

Yes. Contact a workers' compensation attorney as soon as possible. You may be entitled to a permanent disability award if you have a ratable disability. You are also entitled to medical care for your back indefinitely if your treatment is for care needed to cure the effects of your industrial injury.

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Slipped and fell at a business

By all means you should immediately see your doctor. You should also ask the manager for the salon's insurance information and open a claim. You should consult with an attorney who will help you with the process. As far as the salon's "dime", they may carry a medical payments policy which provides no fault coverage for a portion of your medical, but at this point you must be your own medical advocate and attend to your own medical care without worrying about the salon's potential liability...

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How can I protect myself from an ex-co worker that is calling my place of employment and Is trying to get me fired ?

Consult with an attorney who can demand that the person cease and desist all further statements. If this fails, and injunction preventing such harassment against you may be obtained through court order.

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Who has a better chance of getting unbiased report ..the unrepresented worker requesting a QME ..or the Lawyer picking the AME?

If the AME is known to generate unbiased reports on a reliable basis, it is the best way to go. Otherwise the PQME may be a crap shoot since many times the attorneys have not even heard of the doctors on the panel.

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I hurt my back at work and send to emergency by ambulance,now i"m on therapy. What should I do next?

Notify your employer immediately and contact a workers' compensation lawyer in your area. You may continue to work at the company while your case is pending if you are able and if you want to. The workers' comp system is no fault so you won't be suing your employer. Instead you will be filing an Application for Adjudication at the Workers' Compensation Appeals Board in your area.

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