David Norman Rockwell’s Answers

David Norman Rockwell

Modesto Workers' Compensation Lawyer.

Contributor Level 6
  1. My dr released me with restrictions as Permanent and stationary

    Answered almost 4 years ago.

    1. David Norman Rockwell
    2. Brett A. Borah
    3. Michael J. Helfand
    3 lawyer answers

    Because the QME's report says that you are not permanent and stationary, and the insurance says it overpaid you, I think you will need a workers' comp attorney to help. You may not be entitled to any additional temporary disability, however, as you have used up the 104 weeks. Your case can't settle until the QME actually finds you permanent and stationary and gives you a permanent disability rating. However, since you have been out of work so long, you may also use a recent case, Ogilvie, to...

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  2. My new work has the same insurance that I filed my workers comp claim with in 2012 Is that going to be a problem ?

    Answered over 1 year ago.

    1. Gerald Franklin Batchelder
    2. John M Connell
    3. Ruben Alonso Montoya
    4. David Norman Rockwell
    4 lawyer answers

    In addition to the other answers, you have protection from being fired under California law: the Fair Employment and Housing Act. This prohibits termination on the basis of your disability if you are able to perform the essential functions of your job. I hope it won't come to that, however, relax and move on with your new job.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. How can I avoid settlement with workers comp carrier? Can they force me to settle? I am on medicare and UI. What happens?

    Answered over 1 year ago.

    1. George Ellis Corson IV
    2. David Norman Rockwell
    3. Gerald Franklin Batchelder
    4. Richard Carl Binder
    4 lawyer answers

    In addition to Mr. Corson's answer, I always make sure my clients understand that they have the choice about how to settle their case, either payments of permanent partial disability and with future medical treatment being provided by the insurance carrier, or by selling that right to have future medical treatment and getting your money, including the value of your permanent partial disability (and perhaps TTD that may be owed) in a lump sum. Either way, the settlement would not be taxable.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Wokers Comp- When can I legally and medically return to work ( other than the employer I filed WC)?

    Answered about 2 years ago.

    1. Nancy J Wallace
    2. Brett A. Borah
    3. David Norman Rockwell
    3 lawyer answers

    This is a common question, and the other answers have been good. I would add the advice I always tell my clients: There is nothing stopping you from working as long as the doctor has released you, as long as you can work abide by restrictions so as not to reinjure yourself. Most importantly, you can't be working and receive temporary disability checks at the same time (unless you are only working for the same employer on a part-time basis; let the carrier know, and you will get "wage-loss")....

    1 lawyer agreed with this answer

  5. Why is CA giving me a check for a lump sum when nothing has been discussed? Can I return the check?

    Answered over 1 year ago.

    1. Gerald Franklin Batchelder
    2. George Ellis Corson IV
    3. Richard Andrew Harting
    4. David Norman Rockwell
    4 lawyer answers

    In addition to the detailed answer given by Mr. Batchelder, I would point out that you do not get the voucher that can be used for retraining until after there is a final approval of a settlement by a judge. Thus, if you resolve your case by way of a stipulations with request for award, the carrier has sixty days after the judge okays the Award to send the voucher. If you decide to close out your case by a Compromise and Release, in which you sell your right to future medical care and your...

    1 person marked this answer as helpful

  6. Do i still have a claim for workmen comp even if i was not wearing the proper shoes at the work place

    Answered over 3 years ago.

    1. Brett A. Borah
    2. David Norman Rockwell
    2 lawyer answers

    I agree with Mr. Borah that you should consult a workers' comp attorney as soon as possible. Why were you there before you were clocked in? What were you doing at the time you slipped and fell? If you employer wanted you there early, before you clocked in, you may still be covered. File your claim. Also, if you do not have a w.c. case, then your employer may be liable in a civil case if your slip and fall was caused by your employer's negligence, including the negligence of a co-employee.

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