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Brett A. Borah

Brett Borah’s Answers

4,352 total


  • What should I do? Would I have a case against my work?

    I have stress/ anxiety attacks do to work. I told HR and they told to take some time off I filled for workers compensation and it got delayed so I filled for state disability insurance and now I got a call saying my workers compensation is denied...

    Brett’s Answer

    Don't be discouraged. They ALWAYS deny pure stress/anxiety cases. It's time to retain a lawyer who knows how to work through this system to get you your benefits. Use the "Find a lawyer" tab at the top of this page to find a top rated WC lawyer in the high desert. Cross reference what you find to www.caaa.org. CAAA is the association for lawyers here in CA who represent injured workers.

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  • Worker's comp rate so high is it common

    I was wondering if anyone can help me. I used to run a retail flooring store that only sells flooring to the customer. We use farmers insurance and we never had any claims ever. Our rate is about 8.7% of our total wages for the year. We do not eve...

    Brett’s Answer

    Farmers agents only sell Farmers. May I suggest you contact an insurance broker who will shop your account to multiple insurance companies. I suspect you'll get a better rate.

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  • What can I do? His has wasted almost 2 years. He has not communicated with me, and when I don't agree to his terms he quiets.

    Hello, I have a case pending in Amador County, Ca. Civil case for wrongeful termination and non-payment of wages the last year and oral promises of work compensation. I worked for a private company, single employer. I hired my attorney in Sacrame...

    Brett’s Answer

    You've posted this under "workers' compensation" but WC is for on the job injuries. You don't describe any on the job injuries so I suspect you are in the wrong forum.

    What can you do? You need to be talking to your lawyer. He knows you, the case, etc far better than any of us here on AVVO ever will.

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  • I got injured at work and I don't know if I should wait for my employer to call me back to work or should I contact an attorney?

    I work at a senior living home as a caregiver. One night, one of the residents felt and he asked the LVN (nurse) and me to help him get up. When we tried to lift him up my upper and lower back started to hurt really bad. I reported the incident to...

    Brett’s Answer

    Why don't you pick up the phone and call your employer?

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  • Can I get an MRI with my current insurance carrier if my doctor did not write a report for authorization for worker's comp?

    I am a 24 year old male in the SF Bay Area and had a knee injury 3.5 years ago in which I tore my meniscus and received Worker's Comp for the procedures. The procedure removed a portion of my meniscus. I kept the case open and have had pain and d...

    Brett’s Answer

    Since the WC insurance carrier has determined that you don't need the MRI on a work related basis, you should be able to get your health insurance to cover it.

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  • What is the statute of limitations on workers comp claim. Can I file a case on a company who's long term disability paid me wro

    (1) Two injuries on the job, worker comp filed. (2) fired from job for credit problems because the company long term disability figured my income wrong and my bills got behind and I was fired.

    Brett’s Answer

    LTD and WC asre different program and should not be confused.

    The S/L on WC claims is one year but you say you've already filed lyour comp claims so you've met the statute.

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  • What Do Injured Workers Do When Lawyers Leave Without Telling Them Anything? Workers Comp is such a mess!

    My attorney has decided to shut down his practice at the end of this month or early March 2016 and the only person to ask about this change was told "here's your paperwork, go find another lawyer!". If he's leaving for Retirement, how would yo...

    Brett’s Answer

    You're right about how miserable things are in comp now for both the injured workers and their lawyers. Get your file and start interviewing lawyers who might be willing to take over your case. Use the "Find a Lawyer" tab at the top of this page to find a top rated lawyer on the Central Coast.

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  • Will this be paid to me and if so would it be paid in a separate check, I don't know what does assert credit pda means.

    My workers comp case just settled and the insurance company put that the defendant assert credit for PDA'S in the amount of $12,617.00.

    Brett’s Answer

    I sure hope you didn't sign a settlement that you didn't understand!

    It means that the insurance company has already given you $12,617.00 of settlement money. They will now take a credit for that amount against whatever your settlement total was. So, if you settled your case for $20,000.00, they will take the credit for $12,617.00 and now only owe you $7,383.00 more for a total of $20,000.00.

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  • I saw an ame recently and he has changed my work status to tpd instead of ttd.

    I've been on work comp for about 3 years now, I have been improving, and My ame Changed my work status from ttd to tpd what does it mean? He says I can look for light work, with restrictions of course, but will my pay be lower now because I'm on T...

    Brett’s Answer

    TTD = temporarily totally disabled and totally unable to work.
    TPD = temporarily partial disability and able to do some but not all work, ie. light work with restrictions.

    Since you can now go back to your old job, you will be earning some money and not totally disabled so your rate will now be lower. If your old employer cannot or will not take you back with those restrictions, then you continue to receive TTD.

    You can ONLY go to an AME if you have a lawyer. You went to an AME so you must have a lawyer. Why aren't you asking these questions of your lawyer? He knows you, your case, your AME, your treating doctor, the insurance company and their lawyer all far better than any of us here on AVVO. TALK TO YOUR LAWYER.

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  • Can I work after workers comp settlement ?

    I'm getting ready to settle my cause. Is it possible for me to work a new job ? Or would this settlement stop the employer from hiring me ?

    Brett’s Answer

    Having a workers' comp injury or settlement does not mean that you can never work again. You can and should work within your restrictions. The answer may be different if you settled your case for 100% disability but anything short of that, you should be able to work.

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