California Employment Law

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California Employment Law

I was (am) employed by Contra Costa County since 2002. In

Customer Question
2007 I had a work...
I was (am) employed by Contra Costa County since 2002. In 2007 I had a work accident that completely left me unable to work starting Feb.1 2010. I received after a long battle Management Long Term Disability and via an Attorney WC and ongoing medical. I filed for service-connected disability and while I was initially approved by the attorneys and doctors but the Merritt Board denied it. Then a county attorney has been sitting on it for a year without doing anything. In 2012 it got outsourced to a 3rd party Company in Oakland. I had a couple of doctor visits but since then nothing. The attorney will not answer to my e-mails. The last official record on google "CCCERA marco Biagini" is from 2012. http://www.cccera.org/agendas/agendas%202012/agenda10.10.12.html
Is there not a time limit that they have to give me a final answer???
Submitted: 2 years ago.Category: California Employment Law
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Answered in 23 hours by:
8/19/2015
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 119,634
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They are supposed to pay on workers compensation cases within a reasonable time, which is deemed in most cases 30 days for the average claim. This is not normal and not the proper way for these cases to handle and the attorney is not answering you because they are figuring you will go away because it has been 5 years and you have not hired your own attorney to file your workers compensation suit in the superior court to force them to pay.
Your next step is filing suit in the superior court and you need to bring the county into court to get court orders to make them pay you what you are due, plus damages for them not paying in good faith, such as attorney's fees.
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Customer reply replied 2 years ago
No this is not the case. I did hire an attorney for the WC case and won, I also hire an attorney for the State Disability that I also won. In addition I had an administrative hearing from Management Long Term Disability (85% of my last salary) which I did not hire an attorney but my Primary Care Physician came with me to the hearing and also I prevailed. Now under the statute of MLTD after 6 month you need to apply for anything under the sun in order to off-set the county's payment of 85% of my Salary with includes filing for retirement. The retirement board is the problem, they first granted me service-connected disability and then the Merritt board took it away. Now I realize that until I turn 65 not a cent would benefit me since I can never make more than 85% of my last salary (the funds would just come from different budgets). But once I turn 65 CCCERA if granted service-connected disability will have to continue to pay in perpetuity and I can even leave it my partner in case of death, I hope this is clearer now.,
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for providing the additional information to clarify.
They are playing games with you at the county. You have beaten them twice, this is the third chance they have to now try to get retribution. So you need sue the Merit Board, who controls the pensions, in a separate action and based on the fact you have beaten them twice in this matter you would sue for bad faith breach of contract and seek punitive damages and attorney's fees on top of the pension money due. You would be claiming retaliation for beating them on both the workers compensation and disciplinary case, but you do need to take them to court and quit playing games with the board.
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Customer reply replied 2 years ago
I have requested a phone call but as of yet not received one??
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
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Customer reply replied 2 years ago
I don't understand, why is there an option to "Phone call requested" if it is illegal, that's complete non-sense??
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
As you are asking me to violate state law now, I will have to opt out and will open this up to some other expert who may be willing to take that chance, but I will not take that risk. As I explained state bars consider direct phone calls legal representation and I cannot represent you by law. I am sorry you did not understand that. Best wishes and you are not being charged for any of this.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
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