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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I have a question regarding workers' comp in California.

Customer Question

I have a question regarding workers' comp in California. In 2013, I was being examined by a Qualified Medical Examiner (QME). During his isometric exam using a 'J-tech machine', my injury became worse and required surgery. When I went to court, the Judge ruled that none of my evidence are not relevent, and my injury was not sustained arising out of employment or in the course of employment, therefore, my claim is not a compensable consequence of my earlier injuries which created the "neccessity of the evaluation" because I am no longer employed by the State of California. Is this true what the Judge ruled or is there case law that states the opposite? Is there anything I can do to appeal and or reopen my case? Thank you for your help!
Submitted: 8 months ago.
Category: California Employment Law
Customer: replied 8 months ago.
Are you still there?
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Attorney2020 replied 8 months ago.

Were you represented by an attorney at the time the Judge made the ruling?

Customer: replied 8 months ago.
No...in pro per.
Expert:  Attorney2020 replied 8 months ago.

The Judge probably ruled in that manner because you were not represented by competent counsel. The manner you presented the evidence may have thrown off the Judge. I suggest retaining a workers comp attorney to evaluate this issue. Golden and Timbol is a great firm that could evaluate your matter for free. Here is a link to their information: http://gtlawoffices.com/

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 8 months ago.
I called the law firm you suggested, they are in southern CA, and I'm in northern CA, in Napa county. They could not answer the same question I asked you. They suggested I find a lawyer in my area. I have been trying to find one, but no one will take my case. In Nov, 2015, the defense deposed the QME, The QME perjured himself by giving false statement's during the deposition. Yesterday, I got an email from the defense informing me that the QME is available to continue the deposition in order for me to have a chance to ask questions . The reason for the 2nd deposition is because I only had 7 minutes to ask question during the first deposition. The QME has retained an attorney to be present at the deposition. I figure that if the QME will be represented at the deposition, someone realizes, as I have, that he committed purgery. He contradicted his own QME reports and denied during the deposition that he was not aware, nor did I inform him, I was in pain during his isometric exam, which hurt my injured shoulder even more, which led to surgery last month. He testified that he reviewed his reports pertaining to my case and still lied. His QME report states clearly that I was in pain throughout this 'J-TECH', isometric testing. That's not the only thing in which he contradicted himself during the deposition--it's clear that's what he did. So I can only assume he will have an attorney present during the deposition, because the QME and the defense knows he lied under oath. At the trial last January, 2016, the defense did not enter the deposition as an exhibit. I have a cognitive impairment and have gotten this far without an attorney. I really need to know, if there is case law that states because I was no longer employed at the time of my QME exam, that it is not an industrial injury. The Judge said the evidence I submitted did not matter because I was not employed at the time of the QME exam. This occurred in 12/2003. I filed an accident report in May 2014, and filed a petition to reopen based on new evidence. Are you aware of a law firm in Northern California? It appears you may not have the answer to my question. If that is the case, please, just tell me.Thank you,LeRhone

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