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Is this standard procedure or is there no end to this
#11
(11-12-2018, 01:25 PM)Lostandconfused Wrote:
(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.

It sounds like you are past the time allowed for 132a.
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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#12
(11-12-2018, 08:36 PM)California_Help Wrote:
(11-12-2018, 01:25 PM)Lostandconfused Wrote:
(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.

It sounds like you are past the time allowed for 132a.


That’s ok, I think I caught on. I thought it was weird that the recent denial letter doesn’t have anything to support the denial. All it says if you don’t agree then contact the adjuster. This is the adjuster that won’t take calls and when he does, he just tells me to talk to their attorney.

Is there any action I can take if the IC prints denial letter just to stall or scare the IW to accept thier settlement offer?
 
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#13
I prefer talking to a defense attorney.

From what you wrote you have already done what you can for petition for penalties. Hiring an attorney may be beneficial so you don't have to deal with this crap. I understand your fear with rumors you have heard applicant attorney's get paid off by employers. Anything is possible, but this rumor could be made out of wrong assumptions from injured workers in the past who were dealing with this system without a understanding of laws.

Don't let any of this insurance companies actions scare you. The worst thing that can happen is your claim stays denied. That would suck but trust me there are worst things in life. Remember this point in your life is temporary and does not define you or what your life can become. I understand you are going through a difficult time, but you are a strong person, it is evident. I recommend to pick your battles and move forward with what is best for you physically, emotionally and financially. I hope you were provided with some home exercise routines to do. Things like walking will help with anxiety and depression. In my opinion exercise is so important when dealing with this stuff. It can be difficult to do when injured but under the direction of a doctor usually there is something a person can do that will help.

Best of luck 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
[quote='California_Help' pid='168393' dateline='1542126272']
I prefer talking to a defense attorney.

From what you wrote you have already done what you can for petition for penalties. Hiring an attorney may be beneficial so you don't have to deal with this crap. I understand your fear with rumors you have heard applicant attorney's get paid off by employers. Anything is possible, but this rumor could be made out of wrong assumptions from injured workers in the past who were dealing with this system without a understanding of laws.

Don't let any of this insurance companies actions scare you. The worst thing that can happen is your claim stays denied. That would suck but trust me there are worst things in life. Remember this point in your life is temporary and does not define you or what your life can become. I understand you are going through a difficult time, but you are a strong person, it is evident. I recommend to pick your battles and move forward with what is best for you physically, emotionally and financially. I hope you were provided with some home exercise routines to do. Things like walking will help with anxiety and depression. In my opinion exercise is so important when dealing with this stuff. It can be difficult to do when injured but under the direction of a doctor usually there is something a person can do that will help.

Best of luck to you.
[/quote

Thank you, these days its encouraging to hear anything positive. I was doing physical therapy during the early stages of this claim and I was doing good. I was doing home exercises and I was active. My claim was denied and I haven’t had any treatment other than massages.
It took four months to get approved for sdi and by the time I was approved, I was mentally and physically drained. With no direction or guidance, my injury was set aside as I struggle to make ends meet. The nuisances of certifying and having sdi delay payments was a struggle on its own. Also having to adjust to 55% of normal income.
Sdi exhausted 2 months ago. I’m surprised I still have a roof over my head. Applied for ssdi but I’m not sure if I’ll see any results. It hasn’t been fun to battle my mind daily. There are times it feels like I can wake up and everything in the last year and a half was just a nightmare.
I don’t know exactly why my claim has been abnormal. If I had to guess, I’d say that my employer and the IC doesn’t think I’m capable of standing up for myself. I’ve never complained while employed there and only received one raise in 8 years of employment. They say closed mouths don’t get fed and nice guys finish last so I have to speak up and step on a few toes before it gets better.
I will closed their door today so that I will never have to hear “terminated for cause”. I guess it’s worked for them all this time so why would they bother using a different excuse.
 
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#15
Crossing my fingers for 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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#16
(11-13-2018, 07:29 PM)California_Help Wrote: Crossing my fingers for you.

Thank you

Call me crazy but I’m gonna go on record and predict the next move.

Let me ask you a question California help.

If I was to ask you for a bag of oranges, what are the odds that the weight of the oranges are exactly my weight restrictions?
 
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