Should I hire a new workers comp attorney ?:
I got injured on May9 2012 and my last day of work was Feb18 2013. The company fired me on Feb 2015 few days after my surgery!! because I was in bed and I couldn't get back to work.
Workers comp stopped paying me on Oct 2015 and there is nothing doctors can do for me anymore. My injuries are on left knee, right knee, shoulders, neck, and lower back. my attorney told me to go find a job and there is nothing they can do. They are waiting for the other sides attorney to respond to the settlement and they haven't responded to her settlement request yet. it has been a month or so and no respond! Is this really normal?
I see a psychologist, through workers comp and my own insurance. I can not work like a normal person anymore. How can I find a job while I am involved in the litigation process? what are my options for getting paid? am I going to be homeless because of the injury ? what should I do? Please help me. Thank you
Sheryl’s answer: I agree you should try to talk to your current attorney, or their office to see what your other options are. HAve you collected EDD? this may be a short term option for you if you are still treating and unable to go back to work. You are always free to obtain a free consultation with another attorney, but note that often, after reviewing your case the new attorney will tell you there is not much more that can be done. However sometimes a fresh set of eyes will offer a different prospective.
Can I receive SDI after my TTD has hit the 104 week cap?:
DOI was in 02/14.
I received 104 weeks of TTD and am now receiving PD Advances for $290 a week.
I was sent a Notice of Determination disqualifying me because of advances and the fact that the baseline period is from when I was off recovering from surgeries, NOT my last healthy year worked (2013)
My attorney says he can't help with this because as he put it " he is no expert on this".
$290 A week is not going to cut it. My attorney told me that SDI would pay the difference between my PD advance at $290 A week, and what I was receiving from TTD at over $1350 every 2 weeks, and that it would pay at this rate for 1yr. I paid into SDI for the 8yrs I have lived in California.
I am currently off work, rated at 100%, awaiting the conclusion of case.
Please help......
Sheryl’s answer: EDD is a very interesting animal and the dates you put in your application are very important. The date they should be using is the date you first went off for TTD, usually tour date of injury. That will establish the proper base period. Since you received workers compensation benefits there is an exception for a "late filing." What i recommend is that you go into your local EDD office with your temporary disability termination and permanent disability start letters. Usually an in person meeting can clear things up.
Do i have a chance of winning a case if diagnosed with bells palsy but i strongly believe it was triggered at work .stress.?: Basically work stressed me out one day as i explained previously store owner spoke to me he was waiting by the bathroom agter talk i had a bad headache and ear ache next day woke up paralyzed i tried returnin to work but certain comments he made, made me feel uncomfortable to be there. Dr put me on disability until aug. So ive been off work since march im in need of physical/speech therapy im having eye problems due to the facial paralysis. Like i said i trued returning to work but even after my manager knew and had all the copies of my dr he expected me to work the same when it was obvious that it wasnt possible.
Sheryl’s answer: Bells Palsy is a tricky condition as you can find different doctors will point to different things and some will say the cause is unknown. Your question is "do i have a chance" and the answer would be, if your doctors agree that stress is the cause, then you would have a chance, however this will be an uphill battle, i don't recommend that you try to proceed without an attorney.