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Is this standard procedure or is there no end to this
#1
After 10 months of hiding the fact that my claim has been accepted, I received another a few days later that ttd is denied for termination of cause. They didn’t bother to cite a labor code.

Is this standard procedure? I’m wondering if I’m just taking it too personal. The first denial letter didn’t mention anything about termination for cause and they’ve known about it from the beginning. I’ve ask that question in some of my previous post because every time i ask about benefits, they gave me that excuse.

The letter says they have accepted the doctors report and dates of ttd but they are denying benefits for termination for cause.

It’s been 20 months since doi, is this normal and how can I appeal it?
 
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#2
I have never dealt with the terminated with cause issue.

Here are some links about it but they are 6 years old. There may be changes since this.

https://www.lexisnexis.com/legalnewsroom...ermination




http://pknwlaw.com/Newsletters/2012/Q2/D...ation.html


The judge is the person who will rule on this issue.
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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#3
This system moves very slow. If they offered you a settlement and you want it to be over at least you have that as a choice.
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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#4
This explains termination with cause and why it can be risky for employers to do this. So hopefully this will help you if you decide to move forward with this and what you may need to show to the judge to overcome this. Only you would know the facts on your termination and if you feel like you were unfairly terminated.

http://bradfordbarthel.blogspot.com/2013...nding.html
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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#5
(11-11-2018, 10:59 PM)California_Help Wrote: I have never dealt with the terminated with cause issue.

Here are some links about it but they are 6 years old. There may be changes since this.

https://www.lexisnexis.com/legalnewsroom...ermination




http://pknwlaw.com/Newsletters/2012/Q2/D...ation.html


The judge is the person who will rule on this issue.


If I remember correctly, the judge said it’s not a factor. All he wanted to see was any doctor report that states ttd with dates. He said I’m entitled to 104 weeks within 5 years from date of injury. I can be mmi and still be eligible for ttd as long as a doctor reports it.

Is there a labor code for termination for cause?

Someone once told me that I’m easy to fool. I may know why
 
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#6
(11-11-2018, 11:23 PM)California_Help Wrote: This system moves very slow. If they offered you a settlement and you want it to be over at least you have that as a choice.

I might lose my sanity if I don’t take their settlement but Only if they can explain how it was calculated.

I would like to share more info and get a better idea of the value but this is a public forum.

The system is slow but it’s tougher when the IC uses the system to its advantage.
 
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#7
(11-11-2018, 10:59 PM)California_Help Wrote: I have never dealt with the terminated with cause issue.

Here are some links about it but they are 6 years old. There may be changes since this.

https://www.lexisnexis.com/legalnewsroom...ermination




http://pknwlaw.com/Newsletters/2012/Q2/D...ation.html


The judge is the person who will rule on this issue.


I read all of these cases and it’s not similar. I was terminated on 3-5-17 for misconduct. The misconduct for which I was terminated for was on 2-1-17. I have never been written up and the 80% of the employees violated it 3-4 times a day.

Do you know of any case that an injured worker was terminated misconduct That occurred pre-injury? I have never found anything remotely close.
 
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#8
Sounds like the judge is not buying what they are trying to pull.

You have an upcoming QME eval and it appears from what you wrote the judge wants to wait for that report.

Did you happen to file a 132a for your termination? It may be too late now due to statute of limitations, but that depends on what they count it by. It sounds like the retaliation is ongoing for filing your work comp claim. I hope you have reached out to civil attorneys who deal with wrongful termination outside of work comp too.
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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#9
(11-12-2018, 12:56 PM)California_Help Wrote: Sounds like the judge is not buying what they are trying to pull.

You have an upcoming QME eval and it appears from what you wrote the judge wants to wait for that report.

Did you happen to file a 132a for your termination? It may be too late now due to statute of limitations, but that depends on what they count it by. It sounds like the retaliation is ongoing for filing your work comp claim. I hope you have reached out to civil attorneys who deal with wrongful termination outside of work comp too.

Unfortunately by the time it hit me, it was past thebstatuenfoe 132a. I reached out to several wrongful termination but most of the attorneys I talk to only specialize in certain area. While searching for a workers comp attorney, most of them will take it but they also want to do the workers fomp or refer me to a wrongful termination attorney. I have an attorney that is working on that but I dont know what the statue is for civil lawsuit.

In the past, I have heard rumors that my former employer team of lawyers has paid off other attorneys to let the statue run so I’m a little concerned. The company was run without a proper handbook and when they added the handbook, no one follows it. The vp gets makes all the decisions and they only use the handbook when it’s timento terminate.
 
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#10
(11-12-2018, 12:56 PM)California_Help Wrote: Sounds like the judge is not buying what they are trying to pull.

You have an upcoming QME eval and it appears from what you wrote the judge wants to wait for that report.

Did you happen to file a 132a for your termination? It may be too late now due to statute of limitations, but that depends on what they count it by. It sounds like the retaliation is ongoing for filing your work comp claim. I hope you have reached out to civil attorneys who deal with wrongful termination outside of work comp too.

Can you help clarify what they count it by? What would that depend on?
 
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