California Work Injury and 

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Monthly Archives: September 2012

Charles Robert Cleveland Jr.’s Answers

Rancho Cucamonga Workers’ Compensation Lawyer.
20 Legal Answers

Do penalties & interests apply to accepted Workers’ Comp. claims only?

Yes only acccepted claims can be subject to penalties and interest. The penalty can be 25% up to a maximum of $10,000 however it is based on a delay or refusal coupled with an unreasonable delay.
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Can a workers comp. injury that happened before Jan. 1, 2005, be subject to the 2005 permanent disability chart?

Your injury will be paid according to the 2003 permanent disability chart for the monetary amounts however the permanent disability rating schedule for injuries before 2005 or after 2005 will depend on labor code section 4660(d). Essentially if there was a medical report with a finding a permanent disability before January 1, 2005 then the old schedule may possibly apply. if you had no medical legal evaluations or any reports indicating the existence of permanent disability before January 1,…
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I am self-represented (in California) for a Worker’s Comp. case that went to hearing and settled with future medical.

You’re going to need an experienced attorney to deal with the adjuster and these deceptive claims practices. The adjuster could not possibly know whether or not your medical insurance will cover the surgeries and is essentially giving you legal advice. Also it is rare for an insurance company to file an application on behalf of an injured worker as it creates certain risks for them. On the other hand a compromise and release for the buyout for future medical may be reasonable after reviewing…
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How can I get my attorney to release QME workmans comp report to me? Shes had it for several months but refuses to release it

If your attorney has not gotten back to you after nine months of phone calls and e-mails then it is time for you to find another attorney. Particularly in light of the fact that you had a PQME report completed. These reports can be pivotal events in workers compensation cases. In my opinion you have been very patient as nine months is a long time to let this go. In addition, the file is your property; follow Mr. Corson’s advice on this. If you have not actually met or spoken with your actual…
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Workmans compensation (settlement options)

There are two ways to settle a workers compensation case, a compromise and release which is a one time lump sum payment or a stipulation with request for award. A stipulated award and trial have the same result so I’ll lump them together for this answer. Each stipulated award is based on a percentage of disability with open lifetime medical. Each percentage of disability is paid out according to a set number of weeks. For example, a 20% permanent disability is paid out over the course of 75.5…
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I have been a secretary for 24 years and I have. arpal tunnel and ulnar nerve surgeries on both . The first ulnar nerve surgery.

How much of the settlement you receive is a complex question without knowing all the facts of your case. Assuming you have a workers compensation case pending, each of your affected body parts will have a disability impairment rating which will combine into a final rating. Many factors go into the calculation of your impairment rating such as your age, occupation, any applicable apportionment and possibly diminished future earnings capacity. If you do not have an attorney I suggest you get an…
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I have a worker’s compensation claim approaching 8 years in October.

If you made significant efforts to get some face time with your attorney without results, then it’s time to get another attorney. More disconcerting is that the adjuster is calling you directly with net adjuster should know that you are already represented by an attorney. It could be that that adjuster is having the same luck getting a hold of your attorney as you are. Your case is been going on long time, probably time you find a experienced local workers compensation attorney that can address…
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I settle a workers comp case (ruptered disc) at a desposition hearing on 07/10/12 how long before I recieve my settlement??

There are several factors as to the timeline of when you will receive your settlement documents. If settlement documents were prepared and circulated for signatures at your deposition, the process will go faster. If settlement documents were not completed at your deposition been signatures will need to be obtained from you, your attorney, and defense counsel. Once all parties have reviewed and signed off on the compromise and release, it will be reviewed by a workers compensation judge for…
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FINAL PD% RATING?

In order to answer that question I would need to know your date of injury, occupation, age and earnings information. I will also need to review the doctors report to see if it has any problems such as apportionment. Call experienced attorney local to you.
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Will cases speed-up w/new ca workers comp law that has binding arbitration&is a lot faster?

Mr. Borah is correct. No one knows for certain what SB863 is going to do for injured workers, least of all the people who wrote it. The people who wrote this is the same gang who brought you SB 899 and it’s taken the industry about eight years of litigation to put that into a workable system. Since your date of injury is before January 1, 2013, it is unlikely that much of the new law will affect you anyway with respect to permanent disability. Get a good Worker’s Compensation attorney and get…
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