What can a judge order? Can I tell a judge about how slow workers' comp is? How awful they are?
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- Опубликовано: 9 сен 2024
- This video reviews how a judge needs a specific dispute before him or her, so a specific order can issue. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Jeremy Lusk is a certified specialist in workers’ compensation with about two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com
I'm going through a nightmare with worker comp but their good news. My injury is testicular cancer. I have no risks factors and my medical records can proof that. If their a certain carcinogens substance that is known to cause their type of cancer from the national cancer institute do I have a good chance the judge will be in my favor.
Every case is unique, and it will depend on what type of chemicals or carcinogens you may have been exposed to and whether those chemicals can cause your cancer, and then whether you were exposed to other carcinogens outside of work. Much of it will boil down to what the QME says when he or she discusses causation. I have had cancer cases that were industrial, and other cancer cases that were not.
What if an IMR found treatment required and insurance still refuses to offer that treatment, is that a reasonable way to ask a judge to order the treatment?
In the olden days (ten to twenty years ago), you could file a Petition and request the Order. These days about then only option is to file a DOR so the argument can be made, defense can argue whatever their position may be, and the judge can then issue an Order. However, if IMR determines the treatment is reasonable and necessary, that's really the end of the road and the defendant needs to authorize it barring other unusual circumstances. Every time I've seen IMR overturn a denial, the carrier authorizes the treatment. Sometimes it takes a letter and a few phone calls, but they come around.
I enjoy your videos. Could you make a video about subrogation? Thank you!
Good idea. I'll do that soon.
I been watching your videos for the last few weeks great information I do have question. can my defense attorney deny me phone calls. and request me my questions in a writing type letter instead
@@flaccojc4091Yes, the defense attorney could do this. There is no legal requirement that the attorney must take your phone calls. However, he or she will have to talk to you at a conference at the WCAB.
thank you so much for the respond . I just have some concerns about the way. My own attorney is handling my case but again thank you
@@flaccojc4091 Best of luck to you.
I got a questeion about Pqme deposition. Is the Insurance company required to obtain an order from the judge to depose the PQME doctor or they just can requested without the court even knowing it?
No Order is needed to set the depo of the panel QME.
@@myworkerscompguide its is ussualy done in person or over video ? Is any new medical records allowed to be sent before the deposition to Qme doctor?
@@crinabobo7412 In these days of post-Covid most doctor depositions are either over video or telephonic. I think I've only done one in-person doctor depo in the last couple of years. Records can be sent before a deposition. It's the same rules that records must be provided to opposing party before giving to the QME.