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  1. #1
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    Oct 2010
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    263

    Default How to Find a Good Workers Compensation Attorney in Southern California

    I am looking for a good Workers Compensation Attorney in Southern California. I live in Ventura County, was injured in Woodland Hills (San Fernando valley). I have called two Attorneys and have been given the runaround. I need to file a case ASAP. Any suggestions or referrals. Thank you.

  2. #2
    Join Date
    Feb 2007
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    Calif
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    Default Re: a Good Workers Compensation Attorney in Southern California

    www.caaa.org

    What is the urgency in filing a case ?

  3. #3
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    Oct 2010
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    Default Re: a Good Workers Compensation Attorney in Southern California

    This injury was in Nov 2005. I have had two different injuries on my wrist for which I have had surgery. Last surgery was 2 weeks ago.
    Is there a statue of limitation for filing a claim? I have a claim with the Insurance Company, not a case in WC. Dont have an attorney at this point.
    Looking for a good WC Attorney in San Fernando Valley or Ventura County, California where I can get answers to my questions. The last WC Attorney I talked too is non responsive.

  4. #4
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    Calif
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    Default Re: a Good Workers Compensation Attorney in Southern California

    This injury was in Nov 2005. I have had two different injuries on my wrist for which I have had surgery. Last surgery was 2 weeks ago.
    Is there a statue of limitation for filing a claim? I have a claim with the Insurance Company, not a case in WC.
    Yes...there is a SOL for filing a claim for WC benefits.
    One year from the date you/your Dr determine the injury meets the AOE/COE standard. That your injury Arose Out of Employment, and in the Course Of Employment.
    Did you know in 2005 the injury is due to your job duties?
    Why has there not been a claim filed for WC until now?
    What does "I have a claim with the Insurance Company, not WC mean ?
    The last WC Attorney I talked too is non responsive.
    Did you meet with an AA/Applicant Atty and discuss the filing of a WC claim ? Don't know what "non responsive" means...(?) IF you did not sign a AA agreement, the atty wouldn't be under obligation to educate you in the WC process.

  5. #5
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    Oct 2010
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    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    I had an Eugonomics report conducted by my Corporation. They determinated that my injuries with a direct result from my employer.
    My Manager told me when I reported the injury that my messed up wrist and arm was caused by a spider and now go back to work. They never filed anything.
    They put me in a layoff once they determined that I could no longer do my job in 2006. I filled with the companies Insurance to repair my wrist, they agreed.
    I had PT and surgery in 2007. I tried to go back to work in 2008 with another company and failed. This new company terminated me in 2009 once they found out I could not perform my job to their satisfication.
    I went to my WC doctor again in June 2010. He told me I needed surgery on my second issue to resolve this problem, so I did. Insurance company has paid for doctor, physical therapy and surgery. Im now in physical therapy. Dont know what will happen after Im out of PT in 6 weeks. Will run out of disability and unemployment.
    I have talked to two Workers Comp Attornys and asked for advise as to should I file a Workers Compensation claim. They both said yes. Then they tell me that they will get back to me, then dont call.
    I have a claim with the employers Insurance Company, not with a Workers Compensation Lawyer. I need to find a good WC Lawyer so I can get answers to my questions and file a claim in WC court. If there is a 5 year statue of limitation, then this must be done by November 1st of his year. I need a good Attorney in San fernando Valley or or Ventura County, California.

  6. #6
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    Default Re: a Good Workers Compensation Attorney in Southern California

    You are sTILL confusing the issues here..moslty due to the language you are using and who/what insurance company you are referring to.

    If you have filed a claim with the ER's insurance company, that IS a WC claim. You don't file anything with any court until there is a disputed medical issue.

    The SOL is not 5 years, it's ONE year.
    You say you went to a "WC doctor", but yet you say no WC claim has been filed. Which is it ?
    I have a claim with the employers Insurance Company, not with a Workers Compensation Lawyer.
    You don't file a claim with an attorney, you file a first report of injury with your ER, the ER files with the WC carrier. You don't file a claim in WC court.

    What ER are you attempting to file a claim with ?
    And... What ''spider bite"...?
    Sounds like you are trying to claim a CT/cumulative trauma injury....?

    I filled with the companies Insurance to repair my wrist, they agreed.
    WHAT IC...? The group health plan, or the WC carrier... If it's the WC carrier, you have an OPEN WC claim.
    WHAT are you disputing...? Why are you trying to go to court?
    There is a process for resolving disputed medical issues...

    If you can clarify some of this, and be clear on what the injury is you are claiming, what IC you have an claim iwth...maybe we can go further...as it is, I can't tell what your situation is.
    Insurance company has paid for doctor, physical therapy and surgery. Im now in physical therapy. Dont know what will happen after Im out of PT in 6 weeks. Will run out of disability and unemployment
    See, there is confusion there too... What disability are you receiving... why are you receiving UI ?
    There is a cap on PT in WC... 24 visists total... WHAT ins company is paying for your medical care...the group health plan, or the WC carrier. ?
    I had an Eugonomics report conducted by my Corporation. They determinated that my injuries with a direct result from my employer.
    Sorry, that evaluation carries NO weight in a WC claim...nada, nothing. WC is based on a Dr/PTP evaluation and opinion, after that, if there is dispute you go to the PQME/AME dispute resolution process.

    What questions are you expecting an atty to answer here...?

  7. #7
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    Oct 2010
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    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    So let say I go back to my Doctor (QME) next month and he writes a report to the WC Insurance Company that Im not going to get better, that Im as good as Im going to get. Lets say Im still 40% disabled? Then what? Can I get rehab? What will the WC Insurance Company do if I dont have an attorney? Do they negotiate with me based on my disablity or just ignore me?

  8. #8
    Join Date
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    Default Re: a Good Workers Compensation Attorney in Southern California

    There are no ''what if's'' in WC.
    You don't see the PQME anytime you wish, there is no patient/Doctor relationship between you/IW and Dr/PQME.
    PQME are used as the first line of litigation in disputed medical issues.
    So let say I go back to my Doctor (QME) next month and he writes a report to the WC Insurance Company that Im not going to get better, that Im as good as Im going to get.
    You would be declared MMI, rated and the claim move to resolution.
    Lets say Im still 40% disabled? Then what? Can I get rehab?
    Have you been rated yet...?
    If you have been rated for PD/WPI, then TTD stops, and PDA's begin. Why would you return to the PQME ?
    There is no more VR/rehab in Calif. Based on the PD/WPI %, you may be eligible for a SJDV/Supplemental Job Displacement Voucher... you handle your own retraining services. You can use a VR specialist, the law limits the amount of their fee based on a % of the voucher value.
    What will the WC Insurance Company do if I dont have an attorney? Do they negotiate with me based on my disablity or just ignore me?
    You dont have to have an AA/applicant atty.
    There really isn't anything to negotiate. The benefits are pretty much spelled out.
    \You are entitled to a predetermined number of week indemnity payments, based on the PD/WPI rating.
    Access to future medical care, based on necessity just as you are now.
    Possibly a SJDV... if the facts surrounding the claim warrant.

    You have a potentially old claim here.
    If you can provide some detail/specifics to what you are dealing with, maybe more relevant responses can be forthcoming.
    Dealing with "ifs" in WC is futile.

  9. #9
    Join Date
    Oct 2010
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    263

    Default Re: a Good Workers Compensation Attorney in Southern California

    Thank you. Sorry, I'm new at this as to can tell. My left wrist is all black and blue on the inside below my left hand and is swollen on the top of the wrist (Surgery 9/17/10). Im on Vicodin for the constant pain. I am typing with my right hand, which takes along time.
    So my doctor through Workers Compensation will write a report on my next visit and determine if Im able to go back to work or still have limitations.
    If I have limitations in this report, the Insurance Company will rate this limitation and then go to resolution. Will the Insurance Company then contact me in a letter as to what they will offer for this limitation in a settlement and SJDV? How long will it take for the Insurance Company to get back to me?
    I have yet to be rated with my three injuries on my left wrist, two of the injuries I have had surgeries by a wrist specialist. I will be going to my doctor for a check up next month after physical therapy is finished. He will make a determination at this time by sending a report to the Insurance Company.
    So I dont need an Attorney to negotiate weeks of imdemnity payments based on the PD/WPI rating with the Insurance Company?
    I was told on this site that the Insurance Company has 45 working days to pay for Mileage reimbursement in California. Is there a law that you can send me that states it is 45 working days, not calendar days.

  10. #10
    Join Date
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    Calif
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    Default Re: a Good Workers Compensation Attorney in Southern California

    So my doctor through Workers Compensation will write a report on my next visit and determine if Imable to go back to work or still have limitations.
    If I have limitations in this report, the Insurance Company will rate this limitation and then go to resolution. Will the Insurance Company then contact me in a letter as to what they will offer for this limitation in a settlement and SJDV? How long will it take for the Insurance Company to get back to me?
    Your Dr/PTP determines when and if you are MMI, and the PTP rates you for impairment/disability, and converts to PD/WPI. Not the CA or insurance company. It's a medical determination, made by a doctor.
    There are steps to be taken regarding RTW issues by your ER. Only the ER.
    That includes the ability to make a valid job offer that will last a minimum 12 months.

    The carrier is not likely to rate and change your status if another claim is pending.

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