Legal Question in Workers Comp in California

Do i have to accept and/or agree the NOTICE REGARDING PERMANENT DISABILITY BENEFITS PAYMENT START from the workers' comp insurance company sent to me?, does it mean my workers comp attorney accepting their offers without notify or ask me?, can I disagree the Q.M.E report on the percentage of Whole Person Impairment and/or Apportionment?, how do my workers comp lawyer will maximize my California workers comp claims in Santa Ana WCAB? will any attorney take on the workers comp case started from other lawyer? will any attorney file a California Labor Code 132a for my case. Thank you. Also, I have evidences of employer that negligent, and should I file Personal Injury on the employer. (714)733-9118

Asked on 9/22/22, 5:32 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

PLEASE discuss this with your lawyer, you will be paying her thou$and$ and THOU$and$ and she should earn that! The standard Notice of Permanent Disability is just the state-required notice from the insurer indicating what the Insurance Adjuster GUESSED the Permanent Disability would come to if this report were accepted at Trial. It is NOT a contract, not an agreement. That said, my experience at that Santa Ana WCAB is the judges there prefer to award based on the QME Findings, so long as the QME was provided the medical records and evidence upon which to base the decision. Your lawyer SHOULD HAVE selected a pro-worker QME and written a letter to the QME about your position on the Whole Person Impairment from this injury. If that never happened, perhaps this lawyer will take the QME deposition to see if the QME -- when confronted with other medical evidence -- will revise the opinion.

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Answered on 9/22/22, 2:16 pm

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