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Recent Workers Compensation questions

I'm drawing disability and worker comp. how do i know if i'm

I'm drawing disability and worker comp. how do i know if i'm getting a fair settlement without hireing a lawyerJA: Because laws vary from place to place, can you tell me what state this is in?Customer: louisiana, and how do you get them to word the settlement to where that it don't weffect your social securityJA: Has anything been filed or reported?Customer: they are going to offer me a settlement this monthJA: Anything else you want the lawyer to know before I connect you?Customer: they have offed 275.00 a month for my medical and prescription part for the next 19 years. Could ask them for a higher settlement for just 7 years.

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Law Educator, Esq.

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Can I sue State Compensation Insurance Fund? I'm being

Can I sue State Compensation Insurance Fund?I'm being charged $5500 for back pay on my workers comp. for 2014-2015, the reason for the charge is this; they are including the total commission we pay to get business as a payroll expenses and calculating our premium on those bases, this is a limousine service and we have to pay commission to the hotel's bellmen or front desk agents to get limousine jobs, when CA SCIF audited me in 2015 they looked at my bank statements and the checks I paid to these agents in my bank account and included the commission as a payroll even though on the checks say "commission" and not payroll, I separate my payroll from other expenses, when I refused to pay (justifiably) they sent my case to a collection agency and now I have to pay $6661.35, if I pay that money is like I'll be giving everyone a free ride and pay for the gas and expenses out of my pocket! Can I take them to court (or small claim court) or is any lawyer who will take the case and also is the CA State Compensation Insurance Fund considered a public entity? And how do I file a written claim (a templet) with CA SCIF?PS: I do not have a policy with them any longer since all my employees are corporate officers.Thanks,Kami SoltaniLuxe Transportation Inc.Los Angeles, CA

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Law Educator, Esq.

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I am involved in a workers' compensation case. I was

I am involved in a workers' compensation case. I was initially denied benefits because the Qualified Medical Examiner (QME) lied in his reports and made statements about my medical history that is not true. For example. The QME in question said in his report that I had chlamydia when I was seven years old, when in fact my medical records say I had allergic rhinitis. Anyway, that is just one example of the lies this doctor made. He made false statements in regards ***** ***** work related injuries to deny me workers' comp benefits. In November 2015, this doctor was deposed by the defense and lied during the deposition (he deliberately lied to deny me benefits). Since then, he hired an attorney regarding his perjury. A second deposition is pending. The defense knows this and offered to settle and asked me to give them figure to settle all claims. One of the claims I filed a writ of review (Court of appeals first appellate California). I have the proof that this doctor lied during a deposition. The defense attorney for workers comp said perjury is a civil offense and the doctor can be sued in civil court. I was surprised the defense agreed to but in the language that if I settle, I will maintain my rights to take legal action against this doctor. Prior to the deposition, the workers' comp insurance company was standing with the doctors report, knowing he lied. Now, they are asking me for a figure to settleJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Has anything been filed or reported?Customer: what do you mean?JA: What confuses you?Customer: I filed a complaint with the workers' compensation appeals board, but they said this doctor is credible. I been trying to inform the court this doctor lied but they would not believe me. But now, with the deposition, things has changed and the defense wants to settle. Other than filing a writ of review and informing WCAB medical unit, nothing else has been filed.JA: Anything else you want the lawyer to know before I connect you?Customer: Can this doctor be sued in California civil court? The defense counsel said I could because it's a civil matter and workers' comp has nothing to do with it. Or is workers' comp trying to minimize their liability? I was also injured during this QME exam, but learned since his exam is a med-legal exam, nothing can be done. The exam was in December, 2013.

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Law Educator, Esq.

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I had a work injury in 2013. I had surgery in October of

I had a work injury in 2013. I had surgery in October of 2014, but it was not 100% successful. Workers compensation has paid 8000 in benefits so far. I recently had to go back to the doctor and after seeing him a Worker's compensation representative, Leslie, contact me to offer me a settlement: 30k minus the 8k they already paid me. The condition is for me to close the claim permanently. I called Leslie with a counter offer of 30K plus a training voucher. Leslie declined my counter offer. Would I be mistaking in accepting their offer? Is there a way to negotiate a better settlement?

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CalAttorney2

Attorney

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I am an employer, and I have workers comp through State

I am an employer, and I have workers comp through State Fund. The State Fund paperwork says payroll includes "market value of lodging provided." The Workers' Compensation Insurance Rating Bureau of California says that workers comp is not paid on meals or lodging. So, do I have to pay workers comp on per diem? If so, can I take out the portion for meals?

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Law Educator, Esq.

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Dwayne, I had a follow-up question regarding insurance

Hi Dwayne,I had a follow-up question regarding insurance coverage for my handyman and janitor.. Are you available ?

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Dwayne B.

Juris Doctor

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I got hurt at work a year ago and the company threw away the

I got hurt at work a year ago and the company threw away the workers comp. forms I filled out and paid the doctor bill with a credit card. I'm still having pain from the accident. What can I do so I can get the problem fixed

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John

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A couple of weeks ago i was at a client site (via sat) and i

A couple of weeks ago i was at a client site (via sat) and i work as a sub contractor as a custodian for them, and they have a facility bldg where i go clock in and get my keys, while i was going into this bldg i was carrying my coffee in one hand and opening the door with the other and before i got completly into the bldg, the door slammed shut and caught my right hand and my middle finger got the most of it, so i wanted to go to a clinic to make sure it was not broken, and before i went i told my supervisor as i work for sunset commercial services and she gave me a instant ice pack and sent me to the clinic so i had to walk 15 minutes up the street and when i got there the clinic was closedcalled my supervisor she came and got me and took me back to the work site and told me return to work and take it easy so i had to make a splint for my finger and i wraped it up the best i could and the next day i went back to the clinic and i was put on restriced duty and i could not get my hand wet or use it gripping or grasping and on friday night i was expected to do my full job i did not have help like on thur. Night and fri. I could not complete my job. Mon i came in to work and i got in trouble because i didnt do my job and i told the supervisor that i was on restriced duty and doctor says i couldn't do it.the supervisor said i am expected to do my job fully. On the following friday the supervisor wrote me up and after i clocked out she wanted me to go into a office thst was not hers and she closed the door and wanted me to sign a paper and i refused told her i was off the clock. Do i have a case against sunset commercial services my employer and via sat the client for defective door?

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Law Educator, Esq.

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I'm hiring a contractor to perform a seismic retrofit (in

I'm hiring a contractor to perform a seismic retrofit (in Calif.) and I'm trying to see if he has workers compensation insurance. I asked for his COI (certificate of liability insurance) and his state general building contractors license "B" BUT we found no record of his insurance.https://www2.cslb.ca.gov/onlineservices/CheckLicenseII/LicenseDetail.aspx?LicNum=996802He sent an E-Mail with a document from the state insurance compensation fundthat he states is for workmans comp. I need to know if it's legitimateand if he has enough coverage for a $250,000 job he's doing for us.I can download the COI and Document if you need that.Normally the COI or licence check has that information included but not this time.

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Law Educator, Esq.

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