Brett A. Borah’s Answers

Brett A. Borah

Cupertino Workers' Compensation Lawyer.

Contributor Level 20
  1. Sued for emotional distress

    Answered over 1 year ago.

    1. Brett A. Borah
    2. Fernando Davin Vargas
    3. Malosack Berjis
    4. Mariam Mary Margaryan
    5. Eric Maxwell Overholt
    6. ···
    10 lawyer answers

    If your brother was working for your uncle at the time, he should turn the summons over to the uncle to defend him. Your uncle got the benefit of his work...he also takes the responsibility if something goes wrong. In Latin, this is called respondeat superior...the superior responds. Now, I sure hope your uncle had business liability insurance.

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  2. I am currently in a personal injury case. I was at work deploying workers and fell victim to a drunk driver on the grounds.

    Answered about 1 year ago.

    1. Brett A. Borah
    2. Daniel W Epperly
    3. Christopher Irvin Simser
    4. John M Connell
    5. Charles Joseph Michael Candiano
    6. ···
    6 lawyer answers

    You've posted your question in the workers' compensation section. Your question, however, has to do wit a personal injury settlement. Slice you were on the job when you were injured, I hope you have also explored a workers' comp claim. If not, you should do so immediately. Do you have an attorney for your personal injury case? If not, why not? The other side are all pros at what they do. You are not a pro in this field. Do you really think you can match them? If you do have an...

    19 lawyers agreed with this answer

  3. My friend died at work and his family needs to know if this is a worker's comp claim, lawsuit against private residence or city?

    Answered about 1 month ago.

    1. Igor Kopilenko
    2. Brett A. Borah
    3. Daniel W Epperly
    4. Irina Rubin
    5. Karen Dena Steinitz
    6. ···
    17 lawyer answers

    We're going to need a lot more information to give a definitive answer to your questions but.... If your friend died while on the job, his dependents can apply for death benefits in workers' comp. The amount of those benefits will depend on his earnings, the number of dependents, their relationship to him, how much the widow was earning, the dependents ages and the level of support he provided. Your friends familiy may also have a wrongful death claim against either the home owner or the...

    18 lawyers agreed with this answer

  4. If your SSI is denied, will that hurt your workers comp case?

    Answered almost 2 years ago.

    1. Brett A. Borah
    2. David J. McCormick
    3. James M. Clancy
    4. Steven Joseph Alves
    5. John Noah Kitta
    5 lawyer answers

    The SSI denial should have no effect on your W.C. case. The standards for the two are very different. For instance, SSI is "needs" based. That is to say whether or not you qualify will depend, in part, on how much $$ you have. W.C. is not needs based....you can have a million $$ in the bank and still get W.C. These are two very tricky fields of law and they can inter-relate. You may want to consider getting an attorney to help you with both. From the time of your SSI denial, you have...

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  5. I have PTSD can I file a workers comp clam and receive benifits

    Answered about 1 year ago.

    1. Brett A. Borah
    2. George Ellis Corson IV
    3. Gerald Franklin Batchelder
    3 lawyer answers

    Do you work for the Federal government? If so, you would have to file a federal W.C. claim. Stress claims are difficult to prove as we cannot see them. No machine can measure them. Everyone is under some stress. Best to get a lawyer who does federal WC claims. There are only about a dozen or so in the entire state but if you contact me, I will e-mail you my list. If you work for a private company or the State of California, you will still want to have an attorney for all of the same...

    15 lawyers agreed with this answer

  6. Serious Willful workers settlement

    Answered 9 months ago.

    1. Brett A. Borah
    2. Marjory Harris
    3. David J McAuliff
    4. Christian K. Lassen II
    4 lawyer answers

    I agree with the always reliable Ms. Harris. There is a difference between a WC settlement and an S&W settlement. The WC is an insured risk for the employer. The S&W is not insured and comes out of the employers own pocket. Employers don't like that! The value of the S&W will be determined, in part, by the value of the underlying WC claim but not entirely. Was there a CAL-OSHA citation? What was the basis for the S&W? Have others been hurt in the same way? Lots of questions in...

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  7. 15 % spilt for two lawyers ? How does that work on a workers comp case?

    Answered 9 months ago.

    1. Brett A. Borah
    2. Victoria L Clemans
    3. Marjory Harris
    4. Peter Joon-Sung Hong
    5. Karen Dena Steinitz
    5 lawyer answers

    You will pay a single attorney fee of 15%. The two attorneys will determine how the money is to be split between them. It could be 14%-1%, it could be 10%-5%, it could be any combination. But how it gets split is an issue for the attorneys, not for you. Your real interest ends with the payment of the fee from the settlement. Please be sure to vote for "Best Answer."

    13 lawyers agreed with this answer

  8. Workers Compensation

    Answered 10 months ago.

    1. Brett A. Borah
    2. David J McAuliff
    3. John M Connell
    4. Marjory Harris
    5. Bobby L. Bollinger Jr.
    6. ···
    7 lawyer answers

    In terms of out of pocket money, you will miss time from work, have to pay for gas and parking. What your attorney means is that going to court costs him those same out of pocket expenses plus he is dedicating one half to one whole day to one case. If he's in his office, he can work on a dozen or more problems in the same amount of time. Therefore, he doesn't want to go to court over $50 in mileage or 1-2 physical therapy sessions. It's not cost effective. I try to bunch my appearances so...

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  9. Is it ethical for my attorney and opposing counsel to become face book friends during the time of my open workers comp case?

    Answered about 1 year ago.

    1. Brett A. Borah
    2. Charles Robert Cleveland Jr.
    3. John M Connell
    4. Peter Joon-Sung Hong
    5. Ivan D. Ahmady
    5 lawyer answers

    Interesting question. It's a strange new world out there with all of the social media. Understand that being "Facebook Friends" does not equate with being "friends." Sometimes people become facebook friends or linked for political or professional reasons. I am facebook friends and linked to some people I would never have over to my home or go out for a beer with. You should also understand that the world of workers' comp attorneys is a small one. We see each other frequently on...

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  10. Offset of Workers Compensation Claim

    Answered over 2 years ago.

    1. Brett A. Borah
    2. Joyce J. Sweinberg
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    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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