Brett A. Borah's Answers

Offset of Workers Compensation Claim

Social Security has a rule that SSDI + WC cannot exceed 80% of what you were making before you were disabled. If you are settling your workers' comp case by Stipulations with Request for Award, there is likely no offset. The weekly payments through W.C. are low enough to probably keep you below the 80% level. If you are settling by Compromise and Release, then you are getting your money all in one big payment and that may well take you over the 80% level. Your attorney should be aware of...

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Work related injury. 30 days, my arm weaker and could be normal but physically does not look right. Do I have a case?

Your supplemental comment indicates that you are a civilian federal employee. That means you fall under federal workers' comp and not California workers' comp rules. There are only about a dozen attorneys in the entire state of California who do federal workers' comp. Suggest you call me during the week to get a listing of those attorneys. Good luck.

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Can I sue my husbands work comp injury insurance for 12 year plus of Loss of consortium?

The simple answer is a simple "No." Workers' compensation benefits are specifically defined by the labor code. Loss of consortium is not one of those benefits. W.C. is intended to be a safety net for injured workers....not for their spouses. Beyond that, the statute of limitations (time limit for filing a law suit) on that type of law suit would certainly have run long ago. You indicate that this is a 1984 injury. This case should have resolved 20 years ago. If it hasn't either settled...

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

You can only go to an A.M.E. if you have an attorney. Otherwise, you go to a Q.M.E. If this is really an A.M.E. then you should be talking to your attorney. Generally, an attorney wouldn't agree to an A.M.E. unless he had faith in that doctor. That being said, you should be able to ask questions. I would be careful about what information I volunteered. again, discuss this with your attorney. In 31 years of w.c. practice, I have never heard of anyone getting a hyperbaric chamber. I'...

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Can my atty take fee from the " back end", of my settlement ? Workers comp california ?

This happens all the time. It's called a commutation of the attorney fee from the far end of the Award. It is the most common way to pay the attorney in either a Findings and Award or a Stipulations with Request for Award. Here's how it works: Assume you a disability of 40%, worth $52,868.79. This would be paid out to you at the rate of $264.50 per week over a period of 201 weeks (almost 4 years). The attorney fee of 15% would be $7,930.00. He would be paid his fee in full now and you...

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How much can Workers Compensation Lawyer charge in California

I don't think your attorney is going to charge you 35%. He may think he's going to but he's probably not. Any settlement in workers' comp. has to be approved by a judge. The judge reviews the settlement for adequacy and to make sure you're not being taken advantage of. Part of that means that the judge reviews the fee request by the attorney. After 32 years, I've never seen a w.c. judge allow a 35% attorney fee. Never. You need to talk to your attorney about this right away. I suspect...

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Is it a conflict of interest to be treated by county, free clinic Drs. In a calif. workers comp. inju Ry?

It is neither illegal or unethical in my opinion. But why would he send you there? Did your employer not have any workers' comp. insurance to pay the bill? then the free clinic may make a lot of sense. If the employer had insurance and there was a medical provider network (MPN) and you go to a doctor outside of the MPN, a recent case says that the insurance company does not have to pay for the treatment and that doctor's reports cannot be used in court. That could be a big problem....

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How can i get my temporary disability payment?

I think it makes a lot of sense for you to call the w.c. carrier. You've got to bird-dog this thing. The EDD people go home at night and forget about work. The w.c. insurance people go home at night and forget about work. Your employer goes home at night and forgets about work. Only you are thinking about work 24/7. I would not cancel the EDD until I actually receive a check from the w.c. carrier. This is a common problem. Lawyers are used to dealing with this and know how to get...

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Should I Get a Work comp Lawyer?

It should not have taken 2 years to get the first surgery. It should not take 3 surgeries to remove a cyst. I am concerned that you are treating with a doctor assigned to you by the insurance company. If so, that doctor may well have the insurance company's interests at heart rather than your interests. I'm also concerned that you're going to a QME. This is a make or break step in your case. If this is the first time for the PQME, DON'T GO. Consult with a good workers' comp attorney...

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I was terminated as a teacher when I was sick then terminated, I had a doctors note directing me to take time off for stress.

Yes. You can file a workers' comp claim for on the job stress on a cumulative basis. Normally, post-termination claims are barred but a cumulative trauma claim is one of the exceptions. If you were seeking treatment for the stress before being terminated, that's another exception. I sure hope you had a doctor's excuse for missing the meeting. If you didn't, I can see the school district claiming you abandoned your job. A workers' comp claim will not protect your job if that's the...

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