You were injured at work. You filed your claim with your employer. You have gotten a lot of confusing letters from their work comp insurance company. Now you have a phone call from someone at the insurance company saying you will be speaking with an investigator to take your statement.
When an injured worker files a workers' compensation claim, it is safe to say that just about all insurance companies will send you a form that asks for all doctors and hospitals you have been to in the past; in addition, they will enclose a medical release.
When you are injured on the job, you may fall into several categories of work status and disability payments.
Labor Code Section 3213.2 recognizes certain safety personnel for low back injuries; this is often referred to as the Duty Belt Presumption.
Many of our clients want to know what to expect when they are attending an appointment with a Qualified Medical Evaluator. The purpose of these evaluations is to provide a medical opinion from a legal point of view on the issues in the case.
In simple terms, a QME is a physician who is trained in the legal concepts in workers' compensation and writes reports in a legal fashion to evaluate all of the issues in your case. If you attend the wrong QME, then your entire case could be affected.
If you have had a workers' compensation injury that has rendered you unable to work permanently, especially if you are now eligible for Social Security Disability after your work injury, then you need to take the time to read this article.
We recommend to our clients that if they are still unable to work, they have been off for more than a year, and they are no longer receiving temporary disability (the benefit workers' compensation pays you while off work), then apply for State Disability Insurance (SDI) and Social Security Disability Insurance (SSDI).
We recommend to our clients that if they are still unable to work, they've have been off more than a year, and they are no longer receiving temporary disability (benefit workers' compensation pays you while off work), then apply for State Disability Insurance (SDI) and Social Security Disability Insurance (SSDI).
If you are a sheriff, police officer, district attorney investigator or inspector, highway patrol officer, Department of Justice personnel considered “safety”, firefighter, correction officer with CDCR (as well as other employees who have custodial duties), county probation officer, etc.
Over the years, I have spoken to clients who have discussed prior injuries (or existing injuries) where they used personal insurance instead of workers’ compensation. Those people fall into two different groups...
This is a common issue missed in many workers' compensation cases. You'll have somebody that has a workers' compensation claim and they have a certain amount of disability in that claim and they have pre-existing disability usually caused by something that's unrelated to the workers' compensation.
I wanted to write the blog following my attendance at the 2020 CAL FIRE Convention in downtown Sacramento between Thursday, January 9 and January 11. On the first day (Thursday), I handed out (and many members picked up) my free Workers’ Compensation Safety Booklets.
I've been starting to get some phone calls from my safety personnel reporting that they've contracted COVID-19. It appears that work is causing COVID-19 based on the facts given to me.
Understanding the doctor’s role, your pharmacies’ role, your attorney’s role, and the workers’ compensation insurance company’s obligation is critical in the prescription process.
The great number of fires in 2020 (as of the writing of this article, there are 18 fires that over 10 acres in size currently burning), there are going to be a lot of workers' compensation injuries to CAL FIRE personnel.
In most of my cases, the discussion of impairment and disability necessary. However, when I have a safety personnel such as CDCR prison personnel and parole officers, CAL FIRE, CHP, city and county firefighters, police officers, and sheriff, this explanation is important.
As a CDCR employee, you may be entitled to the heart trouble presumption, which means that if you develop a heart condition while employed by CDCR, it is presumed to be related to your job with CDCR.
As with most safety personnel, highway patrol officers have multiple presumptions, and if you have an a medical diagnosis, it may be related to work and you may not be aware of it. It’s important to understand your rights especially if you are coming up on retirement.
As with most safety personnel, firefighters have multiple presumptions, and if you have a medical diagnosis, it may be related to work and you may not be aware of it. It’s important to understand your rights especially if you are coming up on retirement.
When handling CDCR workers’ compensation claims, you run into officers who have multiple incidents over a period of time. Some of them are bandaid form situations and others require that a workers’ compensation claim form be filed with the employer.
My firm attended the Cal Fire 2881 conference this year. The last time we were at the conference was 2020; obviously the pandemic kept us from the in-person conference.
It’s hard to find a doctor and this has gotten worse after St. Joseph Hospital has consolidated a lot of medical facilities in Humboldt County and Del Norte County. A workers' compensation claim makes it almost impossible; add a catastrophic claim and your care will be non-existent without our help
It is important to understand SIBTF when applying for IDR especially if you’ve had prior workers’ compensation claims where settlement amounts are paid.