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CA - need to find a new job - mentally tapped
#11
time off for treatment is not disability authorized by doctor and is treated differently then disability payments.
prior to being MMI or P&S you can accummulate lost hours and get a days worth of TD for every day lost.
after you are at MMI it is handled as leave time thru your employer.
worker comp laws do not regulate how leave time is administered.
you can contact your local labor commissioner for help with complaints about use of leave.
http://www.dir.ca.gov/DLSE/dlse.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#12
Sorry, another question that your response made me think of.

So for 90% of my time off in the last year I was regularly going to work (before I went on leave the second time - and during my open claim with open medical) I had either phone calls or emails to my 'treating physician' begging assistance with time off work due to my injury. I was consistently denied (offered single day 'passes' which I foolishly declined since I felt I didn't need them for just one day) but was otherwise told to 'suck it up' and that I could not be approved leave from work for more than one day. Period. I didn't realize until near the end of my time still going to work, that those missed days/hours may be able to be accounted for, compensation wise, under work comp and that is when I tried to note those hours as such on my time card, and my boss told me that was not allowed (to categorize under WC).

Would any of these missed work days or hours be able to be captured as part of settlement for my case? I do have documented proof for quite a bit of it (email records and call notes on my health care systems records).
 
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#13
(01-12-2016, 07:04 PM)BB019 Wrote: Oh ok.

Here again is more frustration because I was looking through the link you posted above, and was getting excited that vouchers may be available. So I guess there isn't enough precise information in the legislation for all scenarios, my scenario not qualifying, apparently.

My attorney has given me conflicting information before. And I truly don't want to just constantly throw him under the bus but I am left to get info myself I just don't understand it and it has taken a toll on me, all the not knowing.

I also feel since there is a set amount he will receive as compensation, as he says there is no payments made other than what equates to my disability rating, that he doesn't want to help me because...why? What's in it for him but more work that he isn't being additionally compensated for? So since his salary will be auto determined by a number that will not change no matter what my circumstances, why should he assist me and actually work on my case?

All I've heard from him, is that he won't do anything for me unless it directly relates to work comp. So for example I was denied benefits from my disability company (supplemental to work comp) but he will not assist in my appeal to them because it isn't a work comp issue, even though the claim is a work comp claim they are denying benefits for.

I was denied treatment from my doctor after having received approved treatment for the same injury for 4 years and that  denial interrupted my benefits for two months. I was already approved for work comp, but had to find a new doctor in the work comp network since my private doctor (preapproved by QME in writing) suddenly declined treatment. I have not been compensated for those two months and have to file my own appeals for that too because...not his job.

I don't know, maybe this all makes sense to others, but I can't wrap my brain around it. I just wanted to know what others have done to help themselves get back on track.  I might be mixing up my posts...sorry about that...

PS -  In case you are curious...I am hiring another attorney for a different type of law. The other attorney's office handles Labor, Pers Injury, Civil Rights and a few other types of law - they have a tentative date with me to sign a contract and are researching my case now to see if they want it. If they are willing to also pick up with the work comp portion of my case then that may work, but I don't know if they do work comp specifically and actually didn't think about them taking over this part until now.

It sounds like you should have contacted a Long Term Disability attorney or ERISA attorney for your disability policy denial. Your work comp attorney is not involved with this issue and most are not knowledgeable with disability policies. It is a very specific type of law. I do not think your attorney did anything wrong here. This has nothing to do with your work comp case (even though the reason for disability has to do with your work related injury). I wanted to comment on this so you would know your attorney's actions were correct.

I recommend to google this law firm and check their reviews.

If you have questions about your work comp case, you can call an information and assistance officer at the board your case is located. They are there to help injured workers with their questions. They should be able to help answer your question about the voucher and if/what you qualify for your date of injury. If you have settled your case with open medical you would not qualify. I do not know why your attorney stated you do not qualify for voucher with a 2011 date of injury, but recommend calling an I&A officer and ask (if you do not see the answer in the link 1171 provided).

Best to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#14
(01-14-2016, 04:24 PM)BB019 Wrote: Sorry, another question that your response made me think of.

So for 90% of my time off in the last year I was regularly going to work (before I went on leave the second time - and during my open claim with open medical) I had either phone calls or emails to my 'treating physician' begging assistance with time off work due to my injury. I was consistently denied (offered single day 'passes' which I foolishly declined since I felt I didn't need them for just one day) but was otherwise told to 'suck it up' and that I could not be approved leave from work for more than one day. Period. I didn't realize until near the end of my time still going to work, that those missed days/hours may be able to be accounted for, compensation wise, under work comp and that is when I tried to note those hours as such on my time card, and my boss told me that was not allowed (to categorize under WC).

Would any of these missed work days or hours be able to be captured as part of settlement for my case? I do have documented proof for quite a bit of it (email records and call notes on my health care systems records).

You would need a doctors off work note that stated you had to be taken off of work due to your work related injury. It sound like your work comp doctor would not provide this...correct? I would contact your WC attorney about this. I think it will be very difficult if you took yourself off of work without a doctors approval and are now trying to get reimbursed through work comp for those days. Also, you can change doctors any time. If you are not happy with how a doctor is treating you, I recommend changing to another doctor in your MPN.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#15
(01-14-2016, 04:24 PM)BB019 Wrote: Sorry, another question that your response made me think of.

So for 90% of my time off in the last year I was regularly going to work (before I went on leave the second time - and during my open claim with open medical) I had either phone calls or emails to my 'treating physician' begging assistance with time off work due to my injury. I was consistently denied (offered single day 'passes' which I foolishly declined since I felt I didn't need them for just one day) but was otherwise told to 'suck it up' and that I could not be approved leave from work for more than one day. Period. I didn't realize until near the end of my time still going to work, that those missed days/hours may be able to be accounted for, compensation wise, under work comp and that is when I tried to note those hours as such on my time card, and my boss told me that was not allowed (to categorize under WC).

Would any of these missed work days or hours be able to be captured as part of settlement for my case? I do have documented proof for quite a bit of it (email records and call notes on my health care systems records).



after you are MMI for an injury TD is no longer available unless you are removed from MMI status or have a new subsequent injury.
those are all medical questions determined by medcial evidence/opinion.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#16
California_Help - I understand what you are saying...about the differences with the type of law - I appreciate the way you explained it, it sounds more like he is unable to assist vs he simply won't assist. My understand has been he won't. I wasn't aware that the laws were such that he couldn't assist me.

I am already looking into other types of lawyers for assistance. The problem is not many want to give me the time of day. Apparently the word stress, when paired with the words worker's compensation, freaks people out.

Last year I could not get my doctor (who...as it turns out...wasn't actually a doctor yet) to take me out for any reason. There are actually issues with her notes and my treatment. I don't know the details but I did replace her and the new doctor took me out immediately and I've had doctors supporting my time out of work since.

This is actually old too and sorry if I misled you to think it is current. I've just been declared P&S and recommended not to go back to my old job and (based on AMA Guidelines) have a Whole Body Impairment Rating of 40%. I have to wait for the updated QME report (typo) and then I guess my lawyer will do something.

My attorney did tell me today that I would get $6k for schooling. I don't know if he is just busy, or just tells me what I want to hear at the time we chat, because this isn't the first time he has provided conflicting information. So I guess I do get a one time payout for vocational rehabilitation.

1171 - thanks. Gotcha - makes sense. Thank you!!
 
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#17
(01-15-2016, 07:48 AM)BB019 Wrote: California_Help - I understand what you are saying...about the differences with the type of law - I appreciate the way you explained it, it sounds more like he is unable to assist vs he simply won't assist. My understand has been he won't. I wasn't aware that the laws were such that he couldn't assist me.

I am already looking into other types of lawyers for assistance. The problem is not many want to give me the time of day. Apparently the word stress, when paired with the words worker's compensation, freaks people out.

Last year I could not get my doctor (who...as it turns out...wasn't actually a doctor yet) to take me out for any reason. There are actually issues with her notes and my treatment. I don't know the details but I did replace her and the new doctor took me out immediately and I've had doctors supporting my time out of work since.

This is actually old too and sorry if I misled you to think it is current. I've just been declared P&S and recommended not to go back to my old job and (based on AMA Guidelines)  have a Whole Body Impairment Rating of 40%. I have to wait for the updated QME report (typo) and then I guess my lawyer will do something.

My attorney did tell me today that I would get $6k for schooling. I don't know if he is just busy, or just tells me what I want to hear at the time we chat, because this isn't the first time he has provided conflicting information. So I guess I do get a one time payout for vocational rehabilitation.

1171 - thanks. Gotcha - makes sense. Thank you!!

I responded on your other string.

This is great news about your college voucher.

Best to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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