Will workers' comp find out about my old injuries?
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- Опубликовано: 9 сен 2024
- This video discusses how easily insurance companies find out about prior injuries, and how injured workers should always tell the truth. 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
A Judge’s false statements on MOH, orders, and/or R&R are also perjury (felony) based on CA Penal Code Section 118 PC by CCR Tit. 8, §350?
I've never heard that before, and my gut says 'no' that's not the case. A judge swears to faithfully perform his or her duties, and to fairly hear disputes and issue decisions. Perjury comes from a sworn statement under oath that the person knows is not true, such as deposition testimony or trial testimony. To apply that to a judge's Minutes of Hearing or Orders does not sound accurate to me. Though, I've never researched the issue.
Thank you!
@@Kim-kq8wn Happy to help inform.
Can an insurance company argue apportionment even with no prior injuries or accidents, a clean record per say.
It will really depend on what the QME and/or PTP finds. If there were no prior injuries or accidents, potentially there may be some congenital defect or other non-industrial cause/condition that caused part of the permanent disability. The insurance company can argue many things, but it really boils down to a doctor's opinion, and that doctor's opinion must be substantial medical evidence, so it must be based on an accurate medical history, a complete exam, a correct application of the law, etc.
@@myworkerscompguide thsnk you sir! Always very helpful
@@jaliscomx328 Doin' my best!
how do you argue apportionment? my qme is saying a car accident is part to blame for a current injury and I was fine after 6 months, no pain at all
Apportionment is not very scientific. The Labor Code says, "The employer shall only be liable for the percentage of permanent disability directly caused by the injury arising out of and occurring in the course of employment" so the QME must determine what percentage of the disability was directly caused by the injury, and what percentage was caused by other injuries or causes both before and after the injury. Fighting apportionment determinations by a QME can be complicated. I'd recommend either talking to the I&A Officer at your WCAB office or to a local attorney for a consultation.
Jeremy fast question. If I settled a wc claim and I re file again for a new claim before the statue of limitation runs out , do I have to do a new deposition?
Maybe. The defense generally has the right to take the injured worker's deposition when there is a new injury or when there is a significant change in facts. If the defense took a deposition after injury one, and then injury number two is pled, then the defense has the option to take the injured worker's deposition again. They do not have to, but they can.
Mr Lusk how do I contact you regarding my serious WC claim?
I just got expedited hearing andthe same day i went online and it said Hearing disposition OTOC and interim order : taking of calendar , i have aproved surgery but havent get any checks yet. what is that otoc?
OTOC means Order Taking Off Calendar, which means (often times) that the dispute was resolved, and the parties requested that the judge take the hearing off calendar as it was no longer needed. It may be that your hearing was over the surgery authorization, and since that was approved, the hearing was taken off calendar. If it was taken off calendar without your knowledge, then I would guess you have an attorney. If that's the case, you would need to ask him or her as your attorney knows your case best.
@@myworkerscompguide thank you for your answered