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Ruben Alonso Montoya
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Ruben Montoya’s Answers

621 total


  • I just heard that the AME gave me a 17% whole body impairment rating. how much would that come to in California?

    I worked as an online teacher for six years with this high school. From 2/13 I had a back injury that led to a workers comp claim which was initially denied. My lawyer emailed to send the doctor's report and to say he apportioned 75% to the job.

    Ruben’s Answer

    WPI is one of the factors in getting Permanent Disability %. Other factors include age and occupation. There are two ways to settle a claim 1. settling PD and keeping future medical open (Stipulation) 2. settling both PD and FM (Compromise and Release). Obviously 2 gets you more money but you will be responsible for your FM. But I agree with most of the answers that recommend that you talk to your attorney since he is the one that will be taking 15% of your settlement. Good Luck!

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  • What should I do?? Ineffective Workers' Compensation Lawyer

    I hired an a reputable lawyer for a right shoulder injury at work. My lawyer has done nothing of value in my case. He never calls me to update me on my case. He never explains doctor's reports to me when they come in. His secretary always answers ...

    Ruben’s Answer

    Yes you sound very high maintenance. If the assistant can assist you with minor issues that is how a law office works. You attorney is representing other clients as well and it is the nature of the beast for the assistant to help with non legal issues LIKE MILEAGE. I suggest you let the attorney do his job and trust that he is looking out for your best interest for the simple fact that your best interest are his best interest.

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  • I have a workers comp case I believe I'm getting degraded

    I got hurt at work but even though it's workers comp by the way I'm supposed to stay off my leg but my boss was pressuring me to take in paperwork from my doctor even though it was getting faxed to corporate from the insurance. Then they sent a nu...

    Ruben’s Answer

    No real questions but i'll try to address comment. Get an attorney and object for the nurse to not be present in your medical appointments. If your condition is worsening due to them not respecting your limitations notify them that your condition is worsening in writing due to their failure to oblige by doctor's orders. That is the best I can answer comment based on limited facts. Good Luck.

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  • Can an employer force you to request a LOA when you have been Injured on the job and have a qualifying Work Comp claim?

    I injured my back while on duty and have a qualifying Worker's Comp claim and currently receiving treatment. I just received a notice that a "LOA has been requested on my behalf" stating that my LOA started the day after my injury (which was 1 1/2...

    Ruben’s Answer

    You are TTD and the only person that can return you to work is your Primary Treating Physician. However if you are going to the doctor which your employer sent you it is very likely that they will return you to work before you fully are permanent. I would get a free consultation with a WC attorney to better advise. Good Luck!

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  • Should I dismiss this workers compensation case or file for fraud?

    Someone I hired as an independent contractor filed a w c case against me. They had a small injury but I think it was fraud and I was going to fight the case. They hired a lawyer but I didnt hear anything about the case for months. Now I got a lett...

    Ruben’s Answer

    The only person that can dismiss case is applicant or a judge. I would talk to an attorney asap.

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  • Can I use the "Woodson Claim" to sue my ex-employer for negligence after work comp settlement?

    I am very near to settling a 4 year WC claim with my employer. After surgery and treatment I was told I would not be able to come back to work (worked there over 12 years). The accident which led me to my claim occurred due to a spill I was forced...

    Ruben’s Answer

    4 years you will probably have a major Statute of Limitations problem.

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  • Follow to California Divorce-Workers Compensation

    I asked a question earlier about my ex-husbands workers compensation case. I want to clarify a few things. He Won in our divorce. He was a bully and I gave in to almost all of his demands. He is a Deputy Sheriff so it is cumulative from all th...

    Ruben’s Answer

    If the divorce is finalized that would not be a factor unless stipulated. Do you have spousal support? Did you have an attorney?

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  • What can I do if my boss doesn't want to give me my workers comp information and has been ignoring me?

    I have been working with my employer for about 10 years and last week I hurt my foot. I reported it to my employer that same day the next day my foot was really swollen where I couldn't even walk. I went to the ER and got to work excuse for one w...

    Ruben’s Answer

    You did the right thing by putting it in writing. DO NOT ERASE TEXTS. Send an email stating the fact: "I have sent you numerous texts regarding my work related injury and you have failed to provide medical attention or inform me of my workers' compensation rights." THEN GO SEE AN ATTORNEY ASAP.

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  • School employee injured by student assault. Can they sue?

    A worker in a school was assaulted and left seriously injured. Is there a case? If so, is it against the school, district, or student? This occurred in a LAUSD school. Is this a small claims issue or is it a civil suit? Is there a strong case?

    Ruben’s Answer

    There is a WC case and based on the limited facts it would be a strong one. Did the worker report injury? Hospital? if the answer to the above is yes there is a VERY STRONG case. Now it has to be determine the severity of the injury and also if any psychological effects. I would highly recommend you get a free consultation with a WC attorney.

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  • Worker comp case denied and appealing. Insurance carrier wont pay medical bills stating injured at work. who is responsible?

    I hit my head while at work and had to have brain surgery. I filed WC case, which was denied and I am appealing it now...the issue now is my insurance carrier states its a work comp injury and wont pay the hospital bills, additionally, my insuran...

    Ruben’s Answer

    Did the insurance appeal the brain surgery or the injury? Your health insurance should cover it if WC is denying it. IF YOU DO NOT HAVE A WC ATTORNEY GET ONE IMMEDIATELY.

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