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I just watched several videos from your channel today and thank you for making your videos not so much "lawyer language " I should say? Or basically I should say very easy to understand from a claimant perspective like myself going through a work comp claim. I searched and watched so many videos for work comp but your videos just seem to be so much easier to understand from a claimant perspective from others.
Great advice subscribed.... My case was approved and my lawyer told me opposing counsel approved me for my regular weekly w.c. payments (not the settlement yet..not worried about that) and to expect a check in the mail for my back pay and weekly checks so I can pay my bills. How long does that usually take?
All I want to know is why does the opposite person take a long time to approve a MRI or to approve the doctor that my workers comp attorney has chosen it's been already 2 months and I have not been seen by a state doctor why do they deny MRI
Thank you for your question Edward, Your question involves many unrelated issues. (1) The MRI has to do with the Utilization Review system. The insurance co only has 5 days to approve or deny the MRI once your PTP submits their RFA. If they blow that deadline, file a hearing on the issue of presumed approved. If they deny it, you can appeal to IMR. Also the QME can request it for a diagnostic test only (not treatment). (2) The adjuster needs to provide the authorization for your PTP doctor within a reasonable time. Two months is too long. We usually will wait maybe a couple of weeks then file an expedited hearing on medical treatment. So don't wait but file on that issue. (3) The state doctor or PQME, the panel can be requested by either party. Once both side have struck a name, either side can set the evaluation. These usually are set 60 - 90 days in the future. So you may not have been seen yet but hopefully you have at least the evaluation scheduled. It sounds like you may need to bug your attorney to be a little more proactive on your case. Hope this helps, Naomi
@@GonzalezLawEmpower I kind of hate bugging my lawyer all the time with questions all he told me is that he filed an appeal I got hurt on August 18th I filed the workers comp on August 25 I have not seen a doctor chosen by my lawyer because it has not been approved he has already chosen a doctor on the other hand the doctor that I'm going to it's through Concentra the administrator for the workers comp for my job it's broadspire they had denied MRI and acupuncture so my lawyer has filed an appeal what does that mean
@@edwardkareem6446 Sounds like things are progressing normally. Assuming you meant August this year, something you should understand, the work comp system is government and bureaucracy. So it is slow as molasses. Time to adjust your time expectations. Definitely push for an expedited to get away from concentra asap. But sounds like everything else is on track. The appeal is to the independent medical review. If the appeal is successful, you'll get it. If not, you have to wait a year and try again. But that mri can easily be requested by the qme and it will be approved. Just ask for it when you see him if you don't get it before then. Take care, Naomi
I have a partial tear on my Achilles. It's going on a year 2/18/2023 for me, and now their trying to find light duty, and I'm still hurting while going thru work conditioning 😪
Same it’ll be a year in June.. I’ve been out of work and light duty work for 6 months now .. here I am almost done a year later with no diagnosis and still having pain ..
@@GonzalezLawEmpower I’m sorry I am from out of state I’m not sure the difference between the two if there is a difference in states .. but I’ve worked light duty most of the time up until January they put me on short term disability.. just last week I found out imm have to have a IME?
Hi there, It shouldn't take longer. If it is late, that may be grounds for a replacement panel. Your attorney may need to follow up with their office and make sure they actually received the request for supplemental report. Sometimes that is the problem. General info, not legal advice, not representing you. Naomi
@Gonzalez Law Empower - CA Work Comp Attorneys no just a couple prescriptions. Do you think i even need an attorney since its going so smooth. Im definitely going permanent of some kind. My back surgery failed and may need another. Also my doctor wants to implant a spine stimulator. Is that ok?
Jeremy, That question will be different for everyone. Here is a short playlist that lays out what the services an attorney offers with the considerations you should think about when deciding if you need an attorney and the impact to your case that occurs when you hire an attorney. th-cam.com/play/PLbyvkdfacGJUxSCTnSDHrvTX6NIJu_mqp.html Text "Jeremy Consult" if you want a consultation (909) 266-0003. Thank you, Naomi
What if your doctor says you can’t go back to work? I’m heading towards SSDI. Does that start the settlement process and does that mean the case is worth more?
Thank you for your question AJ, Work status is not connected to case value except as to whether you are eligible for the SJDB voucher. SSDI can complicate a case. It might get you less money because they can take credit for money you get in your settlement. Case value is determined by permanent disability rating and future medical. Hope this helps, Naomi
Your attorney returns to defense and they most likely file it. Then a judge looks at it to approve. This video talks about that timeframe. th-cam.com/video/GRIfElUDN2s/w-d-xo.html
Brian, You should check with your attorney to see if they have an issue with it as they would know the specifics of your case. If someone is released to work full duty or modified duty, then a person should be able to work elsewhere within our restrictions. The voucher may or may not be an issue depending on how much time has passed from P&S. General info, not legal advice, not representing you. Hope this helps, Naomi
You can send the report for DEU rating. Those ratings usually take about a month to come back. Your attorney can do preliminary rating by hand immediately. General info, not legal advice, not representing you
Thank you for your question El Pelham, Basically, TTD benefits are paid to you to replace your salary during the temporary phase of your work comp claim. After you are P&S, PD is paid to you to pay you for the injury you sustained and is not meant to be salary replacement. You would hopefully go back to work at that point or train to do a job within your permanent restrictions if any. You don't apply for these benefits per se, you "apply" when you file your WC claim. They are just part of your claim. You might have to demand them or fight for them, which an attorney can help with, but if your adjuster is acting in good faith, they should provide these when applicable. This video will help you understand that phases of your case. th-cam.com/video/z6zFRYM0R4g/w-d-xo.html Hope this helps, Naomi
One is enough if both sides agree. If one side disputes then the PTP can be used as a second legal opinion. If you disagree but the PTP and QME agree, then most likely you're pretty much out of luck.
What about this. I was approved by a judge for my workers comp back pay however I haven’t received my check they claim They sent the 1st check Out and it went to Wrong address so the they reisssued the check which was over two weeks ago why is it Taking so long
Was the address they sent it to your address of record? They should be able to tell you the date it went out. Do you have informed delivery? That way you can see when it will comes. I have a video about that
@@GonzalezLawEmpower I do have that but they used my old address. However originally it was Spose to go to my attorneys office but they sent it to my old address. Then said it got sent back so they reissued the check on 7/12/23 now the other attorneys are saying the check will be sent to my attorneys office since I never forwarded my address
I am a traveling manager with the State of California and was injured on the job. My CW case is accepted. I was told by my employer that I will not receive any compensation for lost overtime. I average over 15 hours of overtime per month consistently for the past year. Is overtime factored in? Also I was approved for IDL pay but my job has been using my leave credits instead of and I have yet to receive any money from IDL and all of my leave time has now been used up. My on the job car accident happened over a month ago. Will I get my time back ?
How long does a judge take usually to sign. Been waiting 3 months I call my lawyer the don't answer my question the don't answer my call the case was settled already but according to the lawyer the judge hasn't signed that was 2 months ago An my lawyer hasn't answered my calls
Thank you for the question Edgar! It has been a fairly quick turn around at my local WCAB. Look up your case on EAMS. My video link is below. Go to the page on timestamp 4:59. That will let you know if the settlement docs have been filed. It will also tell you when your settlement is approve. It will say Order approving ___. It might even tell you if the settlement was set aside. Occasionally, we will file the settlement docs and the automatic task for the judge does not trigger. Then we have to file a hearing and manually have the judge make a task. If there is no task, a judge will never review it. But if when you look up your case, the settlement docs are not even filed, then there was probably a problem with them that the parties are trying to fix first. But the first step is to see what is going on. Hope this helps, Naomi th-cam.com/video/tatvA05xdj4/w-d-xo.html
@@edgarcoronado1110 I'm sorry Edgar, If you're in Hemet, then it doesn't look like your settlement docs were ever filed :-( At least on EAMS it only shows the case opened under events. Please go on EAMS yourself to look. - Naomi
Yes that's me I know it doesn't show up I can't he a an answer from my lawyer I call an call an nothing I don't know what to do anymore worst law firm ever
@@sutkos3288 You are not usually P&S until 6 months to a year after that type of surgery. They do not know yet how much you will recover and impairment is assigned when you have recovered the most.
I’ve been out of work for nearly 3 months now with a back injury. They finally got me approved for an MRI 2 weeks ago which shows I have a bulging disk. Moderate to slight. I’ve finally received disability but workers comp has not issued me any type of payments. I’m losing my mind here and my assets. What should I do??
Thank you for your comment Robert, When you say you are receiving disability, do you mean EDD? If so, it looks like your case is probably not accepted. You should be going through the process outlined in this video th-cam.com/video/xb41U-OMNG0/w-d-xo.html If your case is accepted and your work comp doctor has you off work, you need to send a demand for TTD to start. Keep in mind EDD pays about the same as TTD. So don't expect a big difference. Good luck, Naomi
@@GonzalezLawEmpower how could it not be excepted? I’ve been going to every paid for doctor appt and getting medication. I just had an MRI as well. The adjuster told me last week that some time THIS week it would get approved. But now they’re phones are shutoff. I’m thinking he went on vacation?? Am I getting played or being lied to? I’m in CA btw. Thank you so much for the reply and help!
@@bobbysupreme1 if you are getting treatment preapproved by utilization review then your case is probably accepted. Unless you have been in the decision period. They have 90 days to decide on your claim, so that may be the approval your adjuster was talking about. You should demand your adjuster pay you temporary total disability payments since your work comp doctor has you off work.
Sorry there’s a typo. “I’ve neen going to every scheduled doctor appt which is being paid by the insurance company”***** Would that mean I’m approved? Why do u think they haven’t issued payments after 3 months??
@@bobbysupreme1 That does not mean your case is approved if it is within the first 3 months. They have up to 90 days to make their decision and need to pay up to $10,000 of medical treatment during this decision period. That treatment would be done through the WC system and doctors. Just straight up ask your adjuster if your case is accepted. - Naomi
What about being exposed to carbon monoxide which resulted in carbon monoxide poisoning at work was on oxygen for 4 hrs and about three blood test to make sure carbon monoxide was out of my blood I'm in TX
Thank you for your comment Laverne, This is only for CA. TX may be different but if you were in CA ... The carbon monoxide poisoning should be covered by workers comp. In other words, they will cover your medical and time off work to recover. Your doctor will write a final report when you are done treating and say if you have any permanent disability or not. You may have none if you recovered back to normal. - Naomi
I had my qme appointment and I was 18 percent wpi and today I got a permanent disability rating from the insurance stating I’m only 9 percent disability rating, why is it so low and what should I do? I heard someone telling me about almaraz/guzman findings might make it lower and I got a qme from a chiropractor
Hi Brian, I don't know about your case. But the first number could have been whole person impairment and second permanent disability rating. Different units. The rating could be very different if you had a lot of apportionment or are young or had a light job. You can ask the court to do a consultive rating to double check your adjuster. On the other hand. The adjuster might be trying to settle on a different report altogether like the primary treating physician final report. General info, not legal advice, but representing you. Hope this helps, Naomi.
@@GonzalezLawEmpowerI was on TTD from 9/23-6/24. Since it stopped, is that P&S? Is this their way of making settlement lower by having primary Ortho have low restrictions for me? Idk 🤷♀️ why my former law firm sent me to an uncompassionate primary dr who gave work restrictions that are not helpful for me 😢
I got injured at my evening job. I’ve been on accommodation. This evening I was told to clock out and go home because I’ve been on 180 days accommodations. Now what? I’m located in Bakersfield, Ca but now I’m really considering what to do next? An attorney? Do you recommend someone in Bakersfield or someone who serves the Bakersfield area. I need a consultation.
@@girrth_brooks A global settlement is a settlement where more than one date of injury is settled at the same time. So for example, a compromise and release might have multiple dates of injury settled together. However, sometimes there are other types of cases that are settled together as well. For example a claim against the employer for worker's comp and wrongful termination and discrimination and wage an hour might be settled at the same time. But they don't have to be. They can be settled separately as well. Hope this helps, Naomi
@@GonzalezLawEmpower Thank you for your insight, I thought it was another employee from the insurance company and their attorneys to try to give me less of a settlement amount by consolidating palladating all of my Individual injuries . Also, does that mean that at I will get a larger settlement amount or less ?
Hello I had a question if I was working for a company through a temporary agency who is liable the temp agency or the company that hired me through them or both 🤔 ❓
Good question JMP, The general employer is liable (temp agency) if you were employed by them. The special employer is only liable if the general one is insolvent usually. - Naomi
@@GonzalezLawEmpower Thank you for the information and if I reported to the special employer HR and made an incident report are they also responsible for passing the information over to the general employer about ne being hurt on the job and so on ?
@@TEXMEXMUZIC ideally you should report to both the special and general employer. If you haven't yet, do so asap. And no, they don't always tell the general for you
@@GonzalezLawEmpower ok Thank you I did make a incident report with special employer and talked to General employer over the phone only does that count this was back in April when I got hurt?
@@TEXMEXMUZIC April 2021? Fill out a DWC-1 form and serve it on them if they never opened a claim. They were suppose to give you the form within 24 hours of you reporting.
@@GonzalezLawEmpower Hi Naomi, I text that number 2 days ago and I haven't gotten a response yet. Do you know how long it takes for a reply or who is it I am contacting?
@@40ozbeerbellydude I am sorry, they are normally good at responding. Maybe the email got lost. Will send their info to you so you can directly call them.
Hello i have a deposition for a adult by a supervisor and he gave me about 6 hits and I’m really hurt I’m in California I’ve got hurt before at the misión any help
I'm sorry Octavio, I just do not understand your question. You were hit at your deposition? Go ahead and text "CONSULT Octavio" to 909-266-0003 or if you need spanish text CONSULTA Octavio. Thank you!
Consolidating sometimes happens. But usually it is a matter of each date of injury proceeding separately especially if have different employers. Can use same QME for multiple dates of injury if all parties agree. General info, not legal advice, not representing you. To know your multiple dates of injury effects your permanent disability award, watch this video. th-cam.com/video/kTyqzjlK8u8/w-d-xo.html Hope this helps. - Naomi
UR decisions are due 5 days from when the RFA is submitted to the insurance company. This is true is the request for authorization is for Surgery or anything else. Once approved it depends on how quickly you clear pre op and the schedule of your doctor. Authorization usually good for 90 days. General info, not legal advice, not representing you. Hope this helped, Naomi
My 2nd qme last week just declared me p&s. I was on workers comp for a year and a half from today. What will happen next? Can I go into settlement and will I go back to my original job or can I start a new job?
Brian, Your TTD will stop ✋️ if you are P&S. This video explains what happens next th-cam.com/video/nzuvwm1X4zk/w-d-xo.html General info, not legal advice, not representing you. Hope this helps, Naomi
@@brianbui2460 It depends on if either side is fighting the report or wants to rely on a different report. If not, people can enter settlement negotiations once they have a P&S report. General info, not legal advice, not representing you. Hope this helps, Naomi
@@GonzalezLawEmpower I was getting ttd of 600 a week Bui weekly, after my p&s my payments will stop right? Will I get any other payments if so what’s the ball park of how much I will be getting?
@@brianbui2460 Brian, Every situation is different. Sometimes people are eligible for PD advances. Those are paid at the PD rate. For max earners that is $580 every 2 weeks and it is deducted from your settlement since it is an advance. It is not meant as a wage replacement not enough to live on. General info, not legal advice, not representing you, Naomi
Thank you Carmen for your question, If you are referring to being on temporary total disability (TTD) for a time then working modified duty then going back on TTD, yes that happens all the time. Take care, Naomi
Josue, It's more accurate to say it's your employer's responsibility to look for a job within their company that you can do within your restrictions. This video gives more details. Life after work comp th-cam.com/video/nzuvwm1X4zk/w-d-xo.html General info, not legal advice, not representing you. Take care, Naomi
Thank you for the comment Zakattack, I am sorry to heat that. Are you receiving Temporary Total Disability while you recover? Or was this not a work injury? Best - Naomi
@@GonzalezLawEmpower yes I secured an attorney the nurse case manager was trying to rush me back to work to the point where my doctor was even getting frustrated with them. I’m scheduled for surgery next Tuesday it’s insane really the accident happened 10 days ago and they don’t want to let me heal at all before throwing me back to work. My attorney isn’t having it. I now don’t talk to my case manager as it’s obvious she only has the company in her interest. The nerve damage alone is excruciatingly painful my hand constantly feels like it’s on fire it’s a shame how broken the system really is
@@GonzalezLawEmpower I’m very fortunate to have a an attorney and a hand surgeon that is on my side otherwise I would be lost for sure. It’s sad that the system is so corrupt
How did that turn out for u I just got approved for workers compensation I haven't received any check yet but attorney said it should be coming I just got approved I had surgery for my tendon in my pinky and the nerve
So i got injured at work and i got pulled in a machine and i broke my ulna and radius bones.I had to get surgery and have 2 plates and 12 screws in my arm.This was a year ago and my attorney said that he's just waiting on the doctor so he can send me to his own doctor to see how bad is the damage,My hand hurts when im gripping something or trying to lift something and the doctor is telling me that he might put me in permanent disability if i can't go back to full duty which i don't feel i can do cause of the pain. (keep in mind im still going to therapy) what might be the next step??
That sounds horrible Teodoro, I'm sorry that happened to you. I am not sure I understand where your case is. It sounds like it is maybe denied and your attorney needs a neutral doctor to find industrial causation before treating with MPN work comp doctors? If so, my video on how to fight your denial covers the next steps. Link below Hope this helps. Naomi th-cam.com/video/xb41U-OMNG0/w-d-xo.html
Important Announcement: Our text message will be unavailable for 2 days to 4 weeks starting immediately because SMS registration has BLOCKED all texts. If you text us, we will not receive it unless our approval has been implemented. Do NOT text "Consult" right now. Instead please call (909) 266-0003 to speak with us if you would like a consultation. Thank you!
Jesus I wish u were my attorney
Thank you On_sight!
I appreciate the encouragement 😊
Naomi
Everyone does! Call her and switch
Me too. 😁
@@napolinlawI called and never got a call back!! I wish she would take my case 😔😔
I just watched several videos from your channel today and thank you for making your videos not so much "lawyer language " I should say? Or basically I should say very easy to understand from a claimant perspective like myself going through a work comp claim. I searched and watched so many videos for work comp but your videos just seem to be so much easier to understand from a claimant perspective from others.
Thank you very much :-)
- Naomi
I definitely wish she was my attorney.. mrs Gonzalez is worth it! God Bless her 🙏❤
Thank you Rah 😊
@@GonzalezLawEmpower very welcome mrs Gonzalez keep up the great work! 🙏❤
@@rahvisionproductionz2929 🙂
Love your energy!
Thank you Thomas :-)
- Naomi
This a the best one I watche .it's almost 4 months I'm still waiting for my work comp..the insurance playing game on my case..what I should do please.
Hi there,
That's unusual. They haven't decided if they will accept or deny your claim yet?
- Naomi
Thank you ms. Gonzalez 🙏🏼🙏🏼🙏🏼🙏🏼
You're welcome Marie 😊
Great content, thanks for sharing.
You're welcome 😊
Great advice subscribed.... My case was approved and my lawyer told me opposing counsel approved me for my regular weekly w.c. payments (not the settlement yet..not worried about that) and to expect a check in the mail for my back pay and weekly checks so I can pay my bills. How long does that usually take?
Welcome welcome Varanus,
If they already agreed, probably 2 weeks to 30 days.
Good luck with your case. :-)
Take care,
Naomi
All I want to know is why does the opposite person take a long time to approve a MRI or to approve the doctor that my workers comp attorney has chosen it's been already 2 months and I have not been seen by a state doctor why do they deny MRI
Thank you for your question Edward,
Your question involves many unrelated issues.
(1) The MRI has to do with the Utilization Review system. The insurance co only has 5 days to approve or deny the MRI once your PTP submits their RFA. If they blow that deadline, file a hearing on the issue of presumed approved. If they deny it, you can appeal to IMR. Also the QME can request it for a diagnostic test only (not treatment).
(2) The adjuster needs to provide the authorization for your PTP doctor within a reasonable time. Two months is too long. We usually will wait maybe a couple of weeks then file an expedited hearing on medical treatment. So don't wait but file on that issue.
(3) The state doctor or PQME, the panel can be requested by either party. Once both side have struck a name, either side can set the evaluation. These usually are set 60 - 90 days in the future. So you may not have been seen yet but hopefully you have at least the evaluation scheduled.
It sounds like you may need to bug your attorney to be a little more proactive on your case.
Hope this helps,
Naomi
@@GonzalezLawEmpower I kind of hate bugging my lawyer all the time with questions all he told me is that he filed an appeal I got hurt on August 18th I filed the workers comp on August 25 I have not seen a doctor chosen by my lawyer because it has not been approved he has already chosen a doctor on the other hand the doctor that I'm going to it's through Concentra the administrator for the workers comp for my job it's broadspire they had denied MRI and acupuncture so my lawyer has filed an appeal what does that mean
@@edwardkareem6446 Sounds like things are progressing normally. Assuming you meant August this year, something you should understand, the work comp system is government and bureaucracy. So it is slow as molasses. Time to adjust your time expectations.
Definitely push for an expedited to get away from concentra asap. But sounds like everything else is on track. The appeal is to the independent medical review. If the appeal is successful, you'll get it. If not, you have to wait a year and try again.
But that mri can easily be requested by the qme and it will be approved. Just ask for it when you see him if you don't get it before then.
Take care,
Naomi
I have a partial tear on my Achilles. It's going on a year 2/18/2023 for me, and now their trying to find light duty, and I'm still hurting while going thru work conditioning 😪
Don,
Yes, the preference in work comp is to work even if light duty as much as possible.
Same it’ll be a year in June.. I’ve been out of work and light duty work for 6 months now .. here I am almost done a year later with no diagnosis and still having pain ..
@@Aryunna Is your injury accepted? On TTD benefits or on EDD? EDD only lasts one year.
@@GonzalezLawEmpower I’m sorry I am from out of state I’m not sure the difference between the two if there is a difference in states .. but I’ve worked light duty most of the time up until January they put me on short term disability.. just last week I found out imm have to have a IME?
How come is myQME supplemental Report taking longer than 60 days
Hi there,
It shouldn't take longer. If it is late, that may be grounds for a replacement panel. Your attorney may need to follow up with their office and make sure they actually received the request for supplemental report. Sometimes that is the problem.
General info, not legal advice, not representing you.
Naomi
This was informative. Thumbs up from a fellow creator 😅
Thank you so much for the encouragement :-)
@@GonzalezLawEmpower my friend named Tom needs your legal help . Thx I’ll use your forum and text consult for him .
Location im in California. Been on w.c. for 1 year I had a severe back injury. 2 Epidurals. Accupuncture. PT. And am now on pain management.
I'm sorry to hear that. Sounds at least like you're not getting too many denials on treatment.
@Gonzalez Law Empower - CA Work Comp Attorneys no just a couple prescriptions. Do you think i even need an attorney since its going so smooth. Im definitely going permanent of some kind. My back surgery failed and may need another. Also my doctor wants to implant a spine stimulator. Is that ok?
Jeremy,
That question will be different for everyone.
Here is a short playlist that lays out what the services an attorney offers with the considerations you should think about when deciding if you need an attorney and the impact to your case that occurs when you hire an attorney.
th-cam.com/play/PLbyvkdfacGJUxSCTnSDHrvTX6NIJu_mqp.html
Text "Jeremy Consult" if you want a consultation (909) 266-0003.
Thank you,
Naomi
What if your doctor says you can’t go back to work? I’m heading towards SSDI. Does that start the settlement process and does that mean the case is worth more?
Thank you for your question AJ,
Work status is not connected to case value except as to whether you are eligible for the SJDB voucher.
SSDI can complicate a case. It might get you less money because they can take credit for money you get in your settlement.
Case value is determined by permanent disability rating and future medical.
Hope this helps,
Naomi
What happens after I sign the papers for the settlement, what’s the next steps and how long is the process
Your attorney returns to defense and they most likely file it. Then a judge looks at it to approve.
This video talks about that timeframe.
th-cam.com/video/GRIfElUDN2s/w-d-xo.html
Thank you
You're welcome 🙂
Spot on!!!
Thanks Laurencio :-)
God
I wish you are my Attorney 💗
Thanks Frank,
You can text "Frank Consult" to 909-266-0003 for a consultation. 😊
Take care,
Naomi
Can you work a new job while the settlement is in progress? I was p&s already just waiting for settlement papers
Brian,
You should check with your attorney to see if they have an issue with it as they would know the specifics of your case.
If someone is released to work full duty or modified duty, then a person should be able to work elsewhere within our restrictions.
The voucher may or may not be an issue depending on how much time has passed from P&S.
General info, not legal advice, not representing you.
Hope this helps,
Naomi
After MMI how long does it take an attorney to figure numbers for the case?
You can send the report for DEU rating. Those ratings usually take about a month to come back.
Your attorney can do preliminary rating by hand immediately.
General info, not legal advice, not representing you
you mention ttd and ppd what isnthe diffetence and how does that work? and when can one apply for this??
Thank you for your question El Pelham,
Basically, TTD benefits are paid to you to replace your salary during the temporary phase of your work comp claim. After you are P&S, PD is paid to you to pay you for the injury you sustained and is not meant to be salary replacement. You would hopefully go back to work at that point or train to do a job within your permanent restrictions if any.
You don't apply for these benefits per se, you "apply" when you file your WC claim. They are just part of your claim. You might have to demand them or fight for them, which an attorney can help with, but if your adjuster is acting in good faith, they should provide these when applicable.
This video will help you understand that phases of your case. th-cam.com/video/z6zFRYM0R4g/w-d-xo.html
Hope this helps,
Naomi
Can u help me I hurt 🤕 myself at work but the system is giving me a run around !
Lynnwood, Go ahead and text "Carter CONSULT" to 909-266-0003 and we can chat.
I was hurt on amazone the doctor forcing me to go full duties now my pain get worst and they stop paying work corp
Please text "Yonch Consult" to 909-266-0003 for a consult.
My qme p&s me will I also need my doctor to as well? Or just one is enough
One is enough if both sides agree. If one side disputes then the PTP can be used as a second legal opinion. If you disagree but the PTP and QME agree, then most likely you're pretty much out of luck.
I have been waiting for 2 years . I was in an automobile accident and received treatment... just waiting
Very informative
Thank you Jerry :-)
I will be calling you. I need a WC attorney.
Thank you for thinking of us C.A.
Please text "C.A. consult" to 909-266-0003.
Thank you,
Naomi
What about this. I was approved by a judge for my workers comp back pay however I haven’t received my check they claim
They sent the 1st check
Out and it went to
Wrong address so the they reisssued the check which was over two weeks ago why is it
Taking so long
Was the address they sent it to your address of record? They should be able to tell you the date it went out.
Do you have informed delivery? That way you can see when it will comes. I have a video about that
@@GonzalezLawEmpower I do have that but they used my old address. However originally it was Spose to go to my attorneys office but they sent it to my old address. Then said it got sent back so they reissued the check on 7/12/23 now the other attorneys are saying the check will be sent to my attorneys office since I never forwarded my address
I am a traveling manager with the State of California and was injured on the job.
My CW case is accepted. I was told by my employer that I will not receive any compensation for lost overtime.
I average over 15 hours of overtime per month consistently for the past year. Is overtime factored in?
Also I was approved for IDL pay but my job has been using my leave credits instead of and I have yet to receive any money from IDL and all of my leave time has now been used up.
My on the job car accident happened over a month ago. Will I get my time back ?
Thank you wish I had you
Thanks Wankee 😊
How long does a judge take usually to sign. Been waiting 3 months I call my lawyer the don't answer my question the don't answer my call the case was settled already but according to the lawyer the judge hasn't signed that was 2 months ago
An my lawyer hasn't answered my calls
Thank you for the question Edgar!
It has been a fairly quick turn around at my local WCAB.
Look up your case on EAMS. My video link is below. Go to the page on timestamp 4:59. That will let you know if the settlement docs have been filed. It will also tell you when your settlement is approve. It will say Order approving ___. It might even tell you if the settlement was set aside.
Occasionally, we will file the settlement docs and the automatic task for the judge does not trigger. Then we have to file a hearing and manually have the judge make a task. If there is no task, a judge will never review it.
But if when you look up your case, the settlement docs are not even filed, then there was probably a problem with them that the parties are trying to fix first. But the first step is to see what is going on.
Hope this helps,
Naomi
th-cam.com/video/tatvA05xdj4/w-d-xo.html
@@GonzalezLawEmpower thanks you have been very helpful
Tell me about it. still waiting an the lawyer still is not responding to me
@@edgarcoronado1110 I'm sorry Edgar,
If you're in Hemet, then it doesn't look like your settlement docs were ever filed :-( At least on EAMS it only shows the case opened under events. Please go on EAMS yourself to look.
- Naomi
Yes that's me I know it doesn't show up I can't he a an answer from my lawyer I call an call an nothing I don't know what to do anymore worst law firm ever
I had back surgery and harnia, with in 3 weeks from each other.
Wow, that is really close to each other. Usually, there is time to recover in between.
@@sutkos3288 You are not usually P&S until 6 months to a year after that type of surgery. They do not know yet how much you will recover and impairment is assigned when you have recovered the most.
I’ve been out of work for nearly 3 months now with a back injury. They finally got me approved for an MRI 2 weeks ago which shows I have a bulging disk. Moderate to slight. I’ve finally received disability but workers comp has not issued me any type of payments. I’m losing my mind here and my assets. What should I do??
Thank you for your comment Robert,
When you say you are receiving disability, do you mean EDD? If so, it looks like your case is probably not accepted. You should be going through the process outlined in this video
th-cam.com/video/xb41U-OMNG0/w-d-xo.html
If your case is accepted and your work comp doctor has you off work, you need to send a demand for TTD to start.
Keep in mind EDD pays about the same as TTD. So don't expect a big difference.
Good luck,
Naomi
@@GonzalezLawEmpower how could it not be excepted? I’ve been going to every paid for doctor appt and getting medication. I just had an MRI as well. The adjuster told me last week that some time THIS week it would get approved. But now they’re phones are shutoff. I’m thinking he went on vacation?? Am I getting played or being lied to? I’m in CA btw. Thank you so much for the reply and help!
@@bobbysupreme1 if you are getting treatment preapproved by utilization review then your case is probably accepted. Unless you have been in the decision period. They have 90 days to decide on your claim, so that may be the approval your adjuster was talking about. You should demand your adjuster pay you temporary total disability payments since your work comp doctor has you off work.
Sorry there’s a typo. “I’ve neen going to every scheduled doctor appt which is being paid by the insurance company”***** Would that mean I’m approved? Why do u think they haven’t issued payments after 3 months??
@@bobbysupreme1 That does not mean your case is approved if it is within the first 3 months. They have up to 90 days to make their decision and need to pay up to $10,000 of medical treatment during this decision period. That treatment would be done through the WC system and doctors. Just straight up ask your adjuster if your case is accepted.
- Naomi
What about being exposed to carbon monoxide which resulted in carbon monoxide poisoning at work was on oxygen for 4 hrs and about three blood test to make sure carbon monoxide was out of my blood I'm in TX
Thank you for your comment Laverne,
This is only for CA. TX may be different but if you were in CA ...
The carbon monoxide poisoning should be covered by workers comp. In other words, they will cover your medical and time off work to recover.
Your doctor will write a final report when you are done treating and say if you have any permanent disability or not. You may have none if you recovered back to normal.
- Naomi
I had my qme appointment and I was 18 percent wpi and today I got a permanent disability rating from the insurance stating I’m only 9 percent disability rating, why is it so low and what should I do? I heard someone telling me about almaraz/guzman findings might make it lower and I got a qme from a chiropractor
Hi Brian,
I don't know about your case. But the first number could have been whole person impairment and second permanent disability rating. Different units. The rating could be very different if you had a lot of apportionment or are young or had a light job. You can ask the court to do a consultive rating to double check your adjuster.
On the other hand. The adjuster might be trying to settle on a different report altogether like the primary treating physician final report.
General info, not legal advice, but representing you.
Hope this helps,
Naomi.
I’m getting settlement offer’s before I’ve even been rated for % disabled, would this be a good time for a lawyer?
Could be. Text "dread pirate Consult" to 909-266-0003 please do we can chat about it
Why would ttd payment stop while your still under Dr care
@@ftsftw418 They stop when you are permanent and stationary or when you have reached 104 weeks
@@GonzalezLawEmpower Oklahoma is 156 weeks im at 133 weeks
@@GonzalezLawEmpower an waiting on approval for neck surgery
@@GonzalezLawEmpowerI was on TTD from 9/23-6/24. Since it stopped, is that P&S? Is this their way of making settlement lower by having primary Ortho have low restrictions for me? Idk 🤷♀️ why my former law firm sent me to an uncompassionate primary dr who gave work restrictions that are not helpful for me 😢
I got injured at my evening job. I’ve been on accommodation. This evening I was told to clock out and go home because I’ve been on 180 days accommodations. Now what?
I’m located in Bakersfield, Ca but now I’m really considering what to do next? An attorney?
Do you recommend someone in Bakersfield or someone who serves the Bakersfield area. I need a consultation.
Please text consult 909-266-0003 and I can call you right now.
Glad we could connect today :-)
REST OF MY LIFE!!!
Yes, definitely can feel that way!
@@GonzalezLawEmpower What is a global settlement In California workers comp ?
@@girrth_brooks A global settlement is a settlement where more than one date of injury is settled at the same time. So for example, a compromise and release might have multiple dates of injury settled together.
However, sometimes there are other types of cases that are settled together as well. For example a claim against the employer for worker's comp and wrongful termination and discrimination and wage an hour might be settled at the same time. But they don't have to be. They can be settled separately as well.
Hope this helps,
Naomi
@@GonzalezLawEmpower Thank you for your insight, I thought it was another employee from the insurance company and their attorneys to try to give me less of a settlement amount by consolidating palladating all of my Individual injuries . Also, does that mean that at I will get a larger settlement amount or less ?
Hello I had a question if I was working for a company through a temporary agency who is liable the temp agency or the company that hired me through them or both 🤔 ❓
Good question JMP,
The general employer is liable (temp agency) if you were employed by them. The special employer is only liable if the general one is insolvent usually.
- Naomi
@@GonzalezLawEmpower Thank you for the information and if I reported to the special employer HR and made an incident report are they also responsible for passing the information over to the general employer about ne being hurt on the job and so on ?
@@TEXMEXMUZIC ideally you should report to both the special and general employer. If you haven't yet, do so asap. And no, they don't always tell the general for you
@@GonzalezLawEmpower ok Thank you I did make a incident report with special employer and talked to General employer over the phone only does that count this was back in April when I got hurt?
@@TEXMEXMUZIC April 2021? Fill out a DWC-1 form and serve it on them if they never opened a claim. They were suppose to give you the form within 24 hours of you reporting.
Do you have any referral attorneys in Sacramento? I would like to seek legal representation locally.
I do have a referral attorney up north. Text "40 oz referral" to 909-266-0003.
Thank you,
Naomi
@@GonzalezLawEmpower Hi Naomi, I text that number 2 days ago and I haven't gotten a response yet. Do you know how long it takes for a reply or who is it I am contacting?
@@40ozbeerbellydude I am sorry, they are normally good at responding. Maybe the email got lost. Will send their info to you so you can directly call them.
order vacating order submitting case for decision. What is this term
Sounds like a party is trying to fight the judge's findings from your trial.
How much is a workers comp case for broken big toe in ny ?
Sorry I only do CA work comp. And it doesn't work that way by your dx alone in CA for case valuation.
Sorry can't help you.
Best of luck
Naomi
Hello i have a deposition for a adult by a supervisor and he gave me about 6 hits and I’m really hurt I’m in California I’ve got hurt before at the misión any help
I'm sorry Octavio, I just do not understand your question. You were hit at your deposition? Go ahead and text "CONSULT Octavio" to 909-266-0003 or if you need spanish text CONSULTA Octavio. Thank you!
HELLO Do I have to consolidate my multiple workers comp CLAIMS WHAT ARE MY RIGHTS ?
Consolidating sometimes happens. But usually it is a matter of each date of injury proceeding separately especially if have different employers. Can use same QME for multiple dates of injury if all parties agree.
General info, not legal advice, not representing you.
To know your multiple dates of injury effects your permanent disability award, watch this video.
th-cam.com/video/kTyqzjlK8u8/w-d-xo.html
Hope this helps.
- Naomi
@@GonzalezLawEmpower YOUR SO HELPFUL AND VERY INFORMATIVE I THANK YOU.💐😃
My doctor requested for surgery authorization. How long it takes for approval?
UR decisions are due 5 days from when the RFA is submitted to the insurance company. This is true is the request for authorization is for Surgery or anything else. Once approved it depends on how quickly you clear pre op and the schedule of your doctor. Authorization usually good for 90 days.
General info, not legal advice, not representing you.
Hope this helped,
Naomi
If you monitor these videos I have questions I would like To ask you.
Thank you for your response Robert :-)
Is your question regarding a work injury?
- Naomi
My 2nd qme last week just declared me p&s. I was on workers comp for a year and a half from today. What will happen next? Can I go into settlement and will I go back to my original job or can I start a new job?
Brian,
Your TTD will stop ✋️ if you are P&S.
This video explains what happens next
th-cam.com/video/nzuvwm1X4zk/w-d-xo.html
General info, not legal advice, not representing you.
Hope this helps,
Naomi
@@GonzalezLawEmpower btw what happens after p&s can I settle right away after?
@@brianbui2460 It depends on if either side is fighting the report or wants to rely on a different report. If not, people can enter settlement negotiations once they have a P&S report.
General info, not legal advice, not representing you.
Hope this helps,
Naomi
@@GonzalezLawEmpower I was getting ttd of 600 a week Bui weekly, after my p&s my payments will stop right? Will I get any other payments if so what’s the ball park of how much I will be getting?
@@brianbui2460 Brian,
Every situation is different. Sometimes people are eligible for PD advances. Those are paid at the PD rate. For max earners that is $580 every 2 weeks and it is deducted from your settlement since it is an advance. It is not meant as a wage replacement not enough to live on.
General info, not legal advice, not representing you,
Naomi
My case was forgotten from 2021 to 2015 ..
Then cont . Treat & opening till now sas😢
Frank,
If you are having problems with your attorney, this video might help.
th-cam.com/video/lGNpNuqQQzo/w-d-xo.html
Good luck!
- Naomi
I’m at 15 months and counting. They take their time. It’s awful.
Can I go back to workers comp after one month of light duty?
Thank you Carmen for your question,
If you are referring to being on temporary total disability (TTD) for a time then working modified duty then going back on TTD, yes that happens all the time.
Take care,
Naomi
Thank you so much for your reply
@@carmengarcia5775 you're welcome!
😊❤️👌
Can workers comp find you a job with your dr restrictions
Josue,
It's more accurate to say it's your employer's responsibility to look for a job within their company that you can do within your restrictions.
This video gives more details.
Life after work comp
th-cam.com/video/nzuvwm1X4zk/w-d-xo.html
General info, not legal advice, not representing you.
Take care,
Naomi
Gonna have surgery on my tendons In my pinky and ring finger due to someone else’s negligence just started getting on top of my bills :(
Thank you for the comment Zakattack,
I am sorry to heat that. Are you receiving Temporary Total Disability while you recover? Or was this not a work injury?
Best
- Naomi
@@GonzalezLawEmpower yes I secured an attorney the nurse case manager was trying to rush me back to work to the point where my doctor was even getting frustrated with them. I’m scheduled for surgery next Tuesday it’s insane really the accident happened 10 days ago and they don’t want to let me heal at all before throwing me back to work. My attorney isn’t having it. I now don’t talk to my case manager as it’s obvious she only has the company in her interest. The nerve damage alone is excruciatingly painful my hand constantly feels like it’s on fire it’s a shame how broken the system really is
@@zakattack4274 I am glad your attorney is looking out for you. Nerve damage is very painful.
Best of luck.
-Naomi
@@GonzalezLawEmpower I’m very fortunate to have a an attorney and a hand surgeon that is on my side otherwise I would be lost for sure. It’s sad that the system is so corrupt
How did that turn out for u I just got approved for workers compensation I haven't received any check yet but attorney said it should be coming I just got approved I had surgery for my tendon in my pinky and the nerve
Where is your office
We are located in Ontario, CA. But we have referrals for other parts of CA.
So i got injured at work and i got pulled in a machine and i broke my ulna and radius bones.I had to get surgery and have 2 plates and 12 screws in my arm.This was a year ago and my attorney said that he's just waiting on the doctor so he can send me to his own doctor to see how bad is the damage,My hand hurts when im gripping something or trying to lift something and the doctor is telling me that he might put me in permanent disability if i can't go back to full duty which i don't feel i can do cause of the pain. (keep in mind im still going to therapy) what might be the next step??
That sounds horrible Teodoro,
I'm sorry that happened to you. I am not sure I understand where your case is. It sounds like it is maybe denied and your attorney needs a neutral doctor to find industrial causation before treating with MPN work comp doctors? If so, my video on how to fight your denial covers the next steps. Link below
Hope this helps.
Naomi
th-cam.com/video/xb41U-OMNG0/w-d-xo.html
❤️
What the #to call
Text " Consult " to 909-266-0003
Too long😢
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