Best way to settle a workers' Comp Case. California Attorney. Compromise and Release vs Stipulation

In this video, I walk you through your settlement options with pros and cons then a practical application to help you find the settlement option that is the best fit for you.
Please note this information will only be relevant for injuries that are under the jurisdiction of California WCAB.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
Video Chapters
0:01 What to Consider at the End of Your Workers' Compensation Case
0:27 Video Topic Introduction
0:32 Big Picture - How We Arrive at Settlement
0:45 California Workers' Compensation Settlement Options
0:56 Stipulation with Request for Award Overview
1:17 Stip Pros
2:10 Stip Cons
3:13 C&R Overview
3:25 C&R Pros
4:22 C&R Cons
5:22 Which Settlement Option is the Best Fit for Me
5:33 Settlement Option Summary Chart with Pros and Cons
6:48 Call to Action for our Mission
6:59 Special Offer of Help
7:15 Bloopers and Disclaimer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
Great News! We are starting a list for an upcoming newsletter :-) We anticipate issuing once a quarter, so not overwhelming :-) Please click the link below to sign up for that if you are interested. Thank you!
Gonzalez Law Newsletter Signup
mailchi.mp/602db7e252fd/newsl...
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
This channel is not set up for donations (Donations are solely to show your appreciation and do NOT set up an attorney-client relationship). However, we support these two churches - Launchpoint and Remnant. You are welcome to donate to them if you feel so inclined to do so. All donations are appreciated.
Remnant Church Westco
www.yelp.com/biz/remnant-chur...
Donation Instructions:
Go to tithly app
tithe.ly/give_new/www/#/tithe...
Create a log in.
Search for “Remnant Church of West Covina”
Add card info
Enter amount. Click if you want to cover fees or not. Can designate ‘love offering’
Click ‘give’. It will confirm your gift was given.
Launchpoint Community Church
www.launchpoint.cc/
Donation Instructions:
Go to giving app - faithstreet
www.faithstreet.com/church/la...
Fill in the amount, select ‘general’ ,
fill in name, can add memo if you like.
Press ‘give now’
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
TEXT "CONSULT" to [phone] or Call us to get answers from an attorney.
We serve injured workers and fight for them to receive all their benefits especially medical treatment and compensation.
Hello, my name is Naomi. I have been practicing in Southern California since 2012. I opened my own firm because after seeing how the work comp "mills" functioned, I knew there was a better way. My firm is different because our clients are able to access their attorney and we focus on client education, so they are informed and feel comfortable throughout the entire work comp process.
=======================================
SUBSCRIBE TO OUR KZbin CHANNEL!
Gonzalez Law Firm, APC.
Call: [phone]
Text: [phone]
www.workinjuryca.com​​​
=======================================
Call us or TEXT "CONSULT" to [phone] or Call us
© 2021 Gonzalez Law Firm, APC. All Rights Reserved. This video is not intended as legal advice, nor does it establish an attorney client relationship. Information provided is applicable in California Only. This video is intended for Gonzalez Law Firm clients only. Every case is different and certain statements may be not applicable to your case. This video is only applicable for Workers’ Compensation cases not other types of law. If you want information specific to your case contact Gonzalez Law Firm, APC.

[@GonzalezLawEmpower]

Important Announcement: Our text message will be unavailable for 2 days to 4 weeks starting immediately because SMS registration has BLOCKED all texts. If you text us, we will not receive it unless our approval has been implemented. Do NOT text "Consult" right now. Instead please call [phone] to speak with us if you would like a consultation. Thank you!

[@deidrehuley569]

I wish I knew about your firm before I chose the firm I'm currently with.

[@GonzalezLawEmpower]

Thanks!

[@Muneca20044]

Thank you so much for clarification!!! 🙏🏻

[@GonzalezLawEmpower]

You are so welcome!

[@boxycharmhoarders9076]

Thank you sooo much for this info.

[@GonzalezLawEmpower]

You're welcome Boxycharm :-)

[@langidrik15]

Love your video, very informative and understandable.

[@GonzalezLawEmpower]

Thank you Vitus! I appreciate your positive feedback :-) - Naomi

[@EM-gx6nf]

Love the way you explain things!!

[@GonzalezLawEmpower]

Thanks so much!😊

[@eddnhaila3895]

Good work, thanks

[@GonzalezLawEmpower]

Thank you :-)

[@lorenareyes2936]

You are Great! 👍👌🌷 Thank you for giving us information!

[@GonzalezLawEmpower]

Thank you Lorena for the positive feedback. You are very welcome :-) - Naomi

[@centhiahamilton6645]

Very helpful.

[@GonzalezLawEmpower]

Thank you Centhia :-)

[@laurenpark67]

This video was very informative and helpful. Thank you for posting.

[@GonzalezLawEmpower]

You're welcome Lauren!

[@rudyol7793]

Amazing information......thank you so much 🙏🏼

[@GonzalezLawEmpower]

Glad it was helpful!

[@powell4661]

Thank you, this video was very informative

[@GonzalezLawEmpower]

You're welcome 😊

[@lissuga516]

Thank you so much sweetheart! I was so confused with my offer and didn’t want to resign! After a year of my injuries, I still haven’t received any treatment whatsoever but I was not looking for monetary compensation however I have come to fully understand the game!!! This is so sad!! I only wanted to get better and get back to my normal life!!

[@GonzalezLawEmpower]

Lisseth, Your case may be denied. That would be one reason why you may not have received treatment. If that is the case, and you want to settle Stipulation, you need a final report from QME finding industrial causation. To fight your denial, look at this video. kzbin.info/www/bejne/rpOXYohjhLKBfZI General info, not legal advice, not representing you. Hope this helps, Naomi

[@lissuga516]

@@GonzalezLawEmpower thank you so much!

[@GonzalezLawEmpower]

@@lissuga516 You're welcome 😊

[@Rare-coins]

Great video You deserve great things .your videos are clear and to the point. Thank you

[@GonzalezLawEmpower]

Thank you 😊

[@jaymal82]

Very informative

[@GonzalezLawEmpower]

Thank you 😊

[@kevinwaller8246]

Great information!

[@GonzalezLawEmpower]

Thank you Kevin 😊

[@lifespirit8294]

Very clear explanation 👍

[@GonzalezLawEmpower]

Glad it was helpful! Naomi

[@karlward7249]

Very clear and Helpful explanation, Thank you.

[@GonzalezLawEmpower]

You're welcome Karl 😊

[@nelsonjuanbaraoidan381]

Awesome video…..

[@GonzalezLawEmpower]

Thank you :-)

[@dejuanjackson3379]

Great video

[@GonzalezLawEmpower]

Thank you Dejuan :-)

[@lutayaasimo4569]

Thank you for the outstanding job your doing God bless you 🙏

[@syvandobbs9152]

Great Video!!! You are the Best!! God bless...

[@GonzalezLawEmpower]

Thank you 😊

[@taindavis790]

Thank you

[@GonzalezLawEmpower]

You're welcome 😊

[@ataylor3581]

Just found your channel . This vudeo is so helpful have my case from 2004 still ongoing and i just want it settled.

[@GonzalezLawEmpower]

That is extremely long time for a work comp case

[@almua_3437]

Im so frustrated and unhappy with my attorneys office. Im so thankful for your videos.

[@GonzalezLawEmpower]

Thank you Almua 🙂

[@ccmoreno9947]

Hello @ALMUA_34 37-I totally agree with your post I’ve been dealing with my crappy lawyer for 20 years I’ve seen her probably five times out of 20 years without the respect she makes me wanna throw up

[@almua_3437]

@@ccmoreno9947 Im sorry you’re going through this as well. It really is a horrible feeling. We are already going through so much, the last thing we need & deserve is a shitty lawyer. Hope & Pray everything works out for you 🙏🏼

[@susananoriega6415]

@@almua_3437most of the lawyers are 💩they really don’t care about their customers, they call you one day before court and they just want to get the 30 % of each case and next!!

[@Inkironnrum]

What were they (or are they) doing that is making you upset?

[@laubellejono]

Hi Naomi. Awesome and very informative videos.

[@GonzalezLawEmpower]

Thank you Lawrence :-)

[@jammingfamily4119]

I need to switch over to your Law Firm.

[@GonzalezLawEmpower]

Thanks for the vote of confidence Joshua :-) If you would like a free consultation, please text "Consult Joshua Martinez" to 909-266-0003. Thank you, Naomi

[@Dewandaahart40]

Me too...Love this information

[@GonzalezLawEmpower]

@@Dewandaahart40 Thank you Dewandaahart40! If you would like to talk, please text "Dewanda Consult" to [phone] :-) Thank you, - Naomi

[@GonzalezLawEmpower]

@@Dewandaahart40 Dewanda thank you so much for your Google review! It was kind and well written. As a small business, I really appreciate it :-) - Naomi

[@almua_3437]

after stipulation and award are granted, and you continue to receive the $290 weekly payments. Will the work comp insurance let you know when you have reached the awarded amount? Or is that something I have to keep track of?

[@pt9261]

This is a very helpful video. If I break a bone in my leg and had surgery, would it be better if I choose stip and rewards ?

[@GonzalezLawEmpower]

Thank you for your question PT. It might depend on how well your surgery went and if you are likely to need a future surgery. If you aren't likely, you may consider C&R. If you are likely, you might do a Stip or do a C&R with the money to do the surgery on your own. Has risks but those are the options. Hope this helps, Naomi

[@overrunwithboys216]

Do you have any videos about Keeping the Medicals OPEN ?.. We live in PA, husband has a Severe leg injury from a Steel Mill, "Leg Salvage" situation... 9 operations , on Workmans comp for 2 yrs, released on MMI, he can only do Sedentary work, can't walk/ drive more than 3 hours, has a leg brace, etc. Lawyer wants to do Medicare Set Aside, we want Medicals to stay open.. Question: Can the Workmans Comp Insurance Company completely deny Indemnity/ Wage Loss Settlement if we want to keep Medicals Open ? Love your videos, wish you were in PA !

[@elbori4365]

Hi. I have a question. At 5:15 you stated that if you do a compromise and release and are on Medicare it can affect the amount you receive. Can you further explain that to me please? Btw, I love the way you explain everything in your videos! On behalf of injured workers, I thank you so much!

[@GonzalezLawEmpower]

If you settle via C&R and are Medicare eligible, you will need a Medicare set aside report and the amount that is set aside for future medical must go into a Medicare set aside trust account. So you do not have freedom with your future medical in that instance

[@elbori4365]

Thank you so much for always taking the time to. I wish I had hired your firm, but if anyone I know has a work related injury, I will definitely tell them about you.

[@GonzalezLawEmpower]

@@elbori4365 thank you Jose :-)

[@lnkinc6823]

Consulting

[@GonzalezLawEmpower]

Lnk, we need you to text consult to 909-266-0003 so we have a number to call you for your consultation. Thanks, Naomi

[@filipoinzagione1729]

I already did my FCE but before then the doctor suggested I should have another surgery to make it the 3rd time having surgerys on my ankle or steroids injection for the pains,is too much for me but I wanted to do the surgery again instead.so my question is,will the insurance still pay for the surgery I want to do now even tho I have already gone for the FCE?Another question,why does insurance or workers comp wanted me to do another FCE while the first results for the FCE I did is out.Thank you for the good work!👍🏾

[@GonzalezLawEmpower]

Thank you for your question, If the surgery is authorized via Utilization review, the insurance company will pay for it. Your work restrictions will change following a surgery. You may need another FCE if the first one was not clear as to a specific thing they need to know to offer you a position or if your condition has changed. - Naomi

[@almua_3437]

So informative, thank you. I do have a question. QME Dr documented restrictions that my department couldn’t accommodate, so we are in the process of helping me re locate (its been 6months already) now my question is. If I decide on the lump sum and resign. Will those restrictions follow me everywhere. (Restrictions are working 20hr a week)

[@GonzalezLawEmpower]

Thank you for your question Almua, Yes and no. Yes, the doctor gave you the restrictions you need keep to not injure yourself more, so you should try to find a job within those restrictions if you don't want to get re-injured. No, there is no work restriction police. You can apply for any job and work it that you think you can do safely. Good luck, Naomi

[@almua_3437]

@@GonzalezLawEmpower thank you so much for your reply. I wish I would have found you before I started this process. Ive gotten more information from you here on youtube than what my attorneys have given me this past year and a half. Your page is great. Thank you so much.

[@GonzalezLawEmpower]

@@almua_3437 You're very welcome 🙂

[@jerilynshanahan3401]

Thank you. Are MN laws the same as CA?

[@GonzalezLawEmpower]

Thank you for your question Jerlyn, No, evey state has an independent worker's comp system. CA has one of the most liberal systems. Take care, Naomi

[@TEXMEXMUZIC]

Question if my mri showed a medial meniscus tear is there a chance I have a good case and how much does a case like this settle for?

[@GonzalezLawEmpower]

Thank you for your question JMP, The strength of your case has more to do with whether there is strong evidence you had an injury from work. You can have a medial meniscus tear that was done at home and it would not be a good case. You can also have a less serious injury but caused by work and it would be a good case because the insurance company will be liable for the injury. There is no way to know how much your case is worth at this point. WC case valuation takes place when you have recovered the most and are P&S. If you recover completely back to normal, then your value would be $0 because there would be no permanent disability (PD) and no future medical. That is unusual though. Most people reach a new normal and are given a PD rating by the doctor with future medical. You'll have a better idea of case valuation when you have a final report with your final numbers. Take care, Naomi

[@chio-74]

Hi Noemi, Thank you for the great explanation, you were very knowledgeable and precise. Question: Let's say you settle by Stips and you receive up to 580 biweekly, have the option to get back to work, what happens if later on you resign from your job, do the medical terms and biweekly payment stops or those benefits still with you regardless? Thank you, Rosy

[@GonzalezLawEmpower]

Thank you for your question Rosy, PD checks of $580 are not dependent on your work status. Advances of PD won't probably start if you are working. But PD payments are not meant to be wage replacements so it doesn't matter if you are working or not. You keep your medical even if you switch jobs. Just make sure to go to the doctor at least once a quarter so you won't have to keep getting new authorizations from your adjuster. Hope this helps, Naomi

[@chio-74]

Awesome! Thanks for the answer. I'm in doubt about what to do once I reach MMI ... I would like to get future medical care even though the compensation will be low, on the other hand, I would like to get a lump sum to somehow recover the savings money I had used to complete my monthly necessities since my accident. I know accepting Stips means getting back to work with my employer but after this injury, I don't feel like going back. Thank you again, Noemi. Rosy

[@GonzalezLawEmpower]

​ @Rosy - Chio Reynoso If I were you, I would look for another job now so you have options beside returning to work at your prior employer. As for settling out your future medical. You have to think about the options you have for treatment after settlement i.e. do you have private insurance? Medi-Cal etc or will you have to pay in full cash. Also what do you really think you will need to do i.e. do you just need rest and stretching and exercise, you need a surgery? etc. Do you expect your injury to worsen within 5 years of your date of injury? Those are the kinds of things to think about in this decision. Hope this helps, Naomi

[@chio-74]

@@GonzalezLawEmpower Wow 😮! You're right. I have insurance through my employer and what I injured in this accident was: fractured left tibia and fibula, meniscus disorder, left thigh injury, ligament sprain, severe nerve damage. It's been 9 months and a half and I am still not able to walk by myself. I'm currently waiting for more acupuncture sessions to be approved; and unfortunately, now I have gained weight, my last lab results show that now I am prediabetic and have high blood pressure 🤦🏻‍♀️🤦🏻‍♀️ I'm not able to do any exercise because of the knee damage and pretty much because I can't move around. Thank you for the heads up, thank you for your time.

[@GonzalezLawEmpower]

@@chio-74 If you really feel your weight gain, diabetes and high blood pressure are from your injury, consider claiming them and going to an internal QME. Also, consider trying water aerobics to exercise with your knee. - Naomi

[@eyekon_media]

I need this advice for florida, I just found out I have to have surgery on my right elbow, when both elbows have tendinitis and micro tears. Should I close my case after surgery and therapy? Or wait for MMI?

[@GonzalezLawEmpower]

Sorry Robert, I only practice Worker's comp in California. Can't give any pointers for other states :-( - Naomi

[@GonzalezLawEmpower]

Hi Robert, I recently made a contact in Florida for workers comp. Did you still need help? - Naomi

[@MP-fl5ph]

Hi Naomi i have sent a message before and you were fast a d gracious to respond. I have another question with this video. Because i was denied std and ltd plus my comp is going to a hearing hopefully soon as it has been 6 months since i went out of work. I had to take my regular social security to pay my bills. My attorney said it would lower my weekly comp benefits if we win my case and lower any settlement. Social security said because i took regular retirement they don't care what i get from either. Just curious how much my weekly comp would offset due to taking my regular retirement benefits. Thank you

[@GonzalezLawEmpower]

Good morning M P, Thank you for the comment. If I understand correctly, your case is denied and your in the process of going to AOE/COE trial. But you have been without income because you were denied EDD and LTD as you wait to get your case accepted. You were then forced to accept early Social Security Retirement. You should always defer to your attorney. But It is not that common to deal with Social Security Retirement in work comp. We see mostly Social Security Disability. Maybe your attorney is thinking of that. I have never had a settlement credit offset for social security retirement nor have any clients told me their settlement caused any change to their Social Security Retirement. It seems Social Security Administration agrees with that in what they have told you. It definitely does offset any Social Security Disability though. However, your accepting Social Security Retirement now may effect your ability to receive TTD at all. That is because if you were planning to retire and filed work comp, then you are not eligible for wage replacement benefits like TTD. You would have to argue that you were not planning to retire but was forced to accept early Social Security Retirement because had no immediate income. Here are two links one from Social Security Administration on Social Security Disability offset (if you are interested or if a reader has this issue) and the caselaw for the TTD issue. Take care, Naomi www.ssa.gov/pubs/EN-05-10018.pdf caselaw.findlaw.com/ca-court-of-appeal/1288814.html

[@MP-fl5ph]

Thank you Naomi i will make sure i double check with my attorney that he understands that my ss is regular retirement not ssdi so any offset from comp.

[@MP-fl5ph]

Also i jad not planned on returning at 64 but yes because of no compensation from std and ltd plus comp i had to take early ss retirement benefits. I lost my career and 2.5 years of more work due to my permanent injury and impairment. Thank you again

[@youngmoney1410]

I have a question if you have a 3rd party personal injury case and a workers comp case can you cash out both of the future medical insurances ??

[@GonzalezLawEmpower]

Thank you for your question Young, I think you are asking if you can receive future medical settlements from both PI and WC for the same injury. Yes, you should be able to, but know that whichever case settles last will take credit for the other usually. Check with your attorney or attorneys if you have two to see if this is the case for you. -Naomi

[@joshuagonzales3929]

Hi naomi.. how do I address negligence with workers comp..... I know no matter what if your hurt at work they have to cover you medical bill... but what about the negligence? Like with my case I am at the point of amputation. I was given a direct order to get off a machine that was all of were trained on and told at moment this machine was rated for this area . Its a reach truck. Made to go under racks and reach product high and far back . Thus the name reach truck.. it has steel cages above, and steel enclosures surrounding your feet to your torso. No falling objects can smash and kill you or debry like broken pallets or anything may puncture your body injuring or killing you. .. so they gave me a direct order because they knew I wouldn't operate the other machine called a walkie . Its a stand up electric pallet jack. With no protection above or around your body. This machine is clearly and obvious not meant for the area I work in. So a direct order was given .. that order was from my boss given the message to my lead . Message: from my lead " Josh the boss wanted me to come and give you a direct order to get off the reach truck and use the walkie so we can get more numbers . Moving more product with the walkie you can do 2 to 3 orders compared to the 1 on the reach truck. I said "well only its a direct order and dont want to have insubordination and that I will get off only if you give the boss a message back from me. That "I know its the wrong machine for the job and that some is going to get killed or injured on these machines in the area im in. So my lead did give the message to my boss. And literally Word for word I said its so dangerous and I was uncomfortable doing it. And the very next day I had my foot crushed. By a forklift blade inserung my right foot as well as a pallet crushing my ankle foot to the half way point of pallet.. I've had 3 surgeries my nerves ,blood vessels, are so damaged. Now im at the point they want to amputate. HOW DO I DEAL WITH THIS OBVIOUS NEGLIGENCE. THE WORKERS NEED THIS INDO. WE ARE GETTING TAKEN ADVANTAGE DUE TO THESE SISTUATIONS. WE NEED HELP WITH THIS STUFF.

[@GonzalezLawEmpower]

Joshua, That sounds horrible. Although work comp is a no fault system, there is an exception for serious and willful misconduct. Also if the equipment you used was defective, that might be a products liability issue. Please text "Joshua Consult " to 909-266-0003 to if you want to discuss our representation for this case. - Naomi

[@JayRazah]

I have a question, I had a hernia injury at work n went on Wcb had 2 surgeries n then they cleared me off saying I’m completely healed n few weeks later the hernia recurred so shouldn’t I start getting paid again from Wcb ?

[@merry5059]

I work for the state. Is it guaranteed that if I do the compromise and release option that I will lose my job??? I’d like to do that option but I am back to work full time and need that income and want to retire in 5 years

[@GonzalezLawEmpower]

Thank you for your question Merry, Ask your attorney to see if your employer will allow it. Sometimes employers make exceptions. If not, it's definitely not worth settling if you miss out on your pension. Could try Stip and treat frequently. Then when you retire see if they are interested in settling out future medical at that time. It would also give you the extra option to reopen your case within 5 years of your date of injury if your injury worsens. Hope this helps, Naomi

[@riohondoish84]

Just got qme report and don’t have a clue what to do next . The qme did grant me whole body impairment % and future medical.

[@GonzalezLawEmpower]

Thank you for your question Blm, What you do will depend on if you have an attorney. If you don't, you will want to get the report rated by the DEU unit of the WCAB. The I&A officer can help you with that. Watch this video for settlement options. kzbin.info/www/bejne/bHzOdJ54hqp8j7c If you want a stip, you can settle with the PD rating the Deu gives you. If you want a C&R, you need to add money for future medical on top of the PD amount. If you are represented, request a settlement discussion meeting with your attorney to ho over the report, rating and case valuation with you. Good luck :-) Naomi

[@AlbeTurner]

Does your firm represent clients from locations other then L.A.? Such as in the Central Valley?

[@GonzalezLawEmpower]

Hi Al Be, We mostly take cases in LA, Orange, San Bernardino and Riverside counties. However, we have good referral relationships with other firms for clients outside our geographic area. Take care, Naomi Gonzalez

[@sbw7855]

I have gotten more information from this video than from my WC atty over the last 5 years. Question: I work for LA County as an RN w/ 30+yrs service. Do I automatically have the choice between CandR or Stipulation? I was not given the option of a CandR from my atty. She has only spoken of the Stip. I am a senior manager and will have 100% medical w/ premium options for coverage when I retired at any time, so I am not worried about my future medical being an issue. Also, my atty has INSISTED that I not attend the virtual WC hearings even though I have expressed that I want to. When I questioned this, she stated it was the judge's order that injured workers not attend even though I receive an order and instructions to attend from the WC court. Don't I have the right to attend? Thanks

[@GonzalezLawEmpower]

The County might be self insured which normally means they are not interested in a C&R. But you should ask your attorney if they asked about a C&R option. As for the hearing, text me "sbw Consult" and i we'll give you more info on virtual heatings. General info, not legal advice, not representing you. - Naomi

[@sbw7855]

Thanks. Where do I text you? Sorry, I'm not very tech savvy.

[@sbw7855]

@@GonzalezLawEmpower Thanks. Where do I text you? Sorry, I'm not very tech savvy.

[@bettinaberko7061]

thank you for all the hard work you do in putting all this information together , for my PD I was getting advances of 580 bi weekly , I am at the tail end of my case and after i was awarded a STIP and will be returning back to work. I just received a check that is much higher than the my usual 580 , and under payment transaction it reads 19- Award Stips and the amount .Even though the amount is greater its not the full awarded amount . Will I continue to get the 580 or when I start work the 580 will decrease ?

[@GonzalezLawEmpower]

Thank you for your question Bettina, You should ask for a benefits printout to know exactly what was paid already and to calculate what, if anything, still needs to be paid. If anything is remaining, it will be paid in checks of 580. Hope this helps, Naomi

[@luisbarrera4688]

Had surgery last Friday in my right ankle and leg I’m getting a workmans comp check every 2 weeks 2/3 of what I was making after surgery they gave me 6 week to heal can I settle or is that all what steps next please I need some advice I was hurt at a save mart werehouse in a forklift due to a bent bar in an isle

[@GonzalezLawEmpower]

Thank you for your question Luis, The answer is no, that is not the end of it. Please text "Luis Consult" to 909-266-0003 so we can discuss further. Thank you, Naomi

[@GABEGRAPES]

Is a declaration of readiness to proceed mean ready to resolve the case?

[@GonzalezLawEmpower]

It's the paperwork you file to get a hearing at the workers comp appeals board, our court

[@annabellora]

What happens if person is already getting Medicare/Social Security benefits and the lawyer is pushing for C&R. Lawyer states we need to do a MSA too. Is this true? This is so complicating and our lawyer doesn’t take the time to explain to us. Doesn’t tell us the why…:(

[@MrColton77]

?What if workmen comp injured your back during when they treat you can you sue them for that?Or do you sue the hospitals that treated you?

[@GonzalezLawEmpower]

Thank you for the question Cotton, I am not sure I understand. If you mean through negligence the doctor somehow gave you a new injury while treating a different injury, then work comp covers the difference. You would claim it as a compensable consequence injury. You might also have s separate claim for Medical malpractice. You would need to consult a med mal attorney for a consult on that. E.g. claim left hand, they are suppose to amputate it but accidental amputate the right hand instead. If it a the same body part, no need to claim anything else. Just re eval and note in your report. Med mal same as above. You get the value of the current nature and extent E.g. claim foot because you stepped on a nail. Instead of stitching it up, they amputate the foot. You get value of amputation not for puncture. Hope this helps, Naomi

[@pauldoddy9714]

Hello Naomi! Quick question. How long after your IME should you hear back. It's been nearly 4 months now and i haven't heard nothing yet! Thanks

[@GonzalezLawEmpower]

Paul, Are you in California? In California, QME / AME have 30 days to issue their reports after the evaluation and 60 days following an interrogatory. General info, not legal advice, not representing you. Naomi

[@pauldoddy9714]

I live in NJ!

[@juliorod8755]

Do you know about uninsured rich employer who denied to pay even if he or she do no have workers compensation liability do you have a info about to any case like that with no liability ?

[@GonzalezLawEmpower]

There is an uninsured employer benefits trust fund. Please text "Julio consult" to 909-266-0003, So we can discuss your case. Thank you, Naomi

[@Analysemarie]

If I want to settle for a compromise and release because my MMI date is coming up next months. if my doctor states possibility of knee surgery and maybe needing multiple if i don’t heal. Will it be difficult for me to make sure all my medical is covered especially with a high expense like that? I am 36 and my injury hasn’t healed in the last two years who knows what complications can happen 25 years from 😅

[@GonzalezLawEmpower]

Sounds like a stipulation may be the better fit for you if you are concerned about future medical. They may cover some expense for one surgery but will not cover possibility of complications or second surgeries as they are remote possibilities and not eventualities. General info, not legal advice, not representing you. Hope this helps. Blessings, Naomi

[@marclacson770]

Hi Naomi, my STIP shows it has been filed according to EAMS on 01/04/2023. How long until judge grants and approves settlement? Thank you

[@GonzalezLawEmpower]

Congrats Marc, Usually about a week. If not done in two weeks follow up with WCAB as sometimes a task for the judge fails to automatically create and has to be done manually. General info, not legal advice, not representing you. Take care, Naomi

[@marclacson770]

Thank you and thank you for uploading your videos, great info as always

[@epearlred7261]

R you covering NYC

[@GonzalezLawEmpower]

Sorry, California Only

[@doober8349]

Hello I have a question I broke my ankle at work was sent to the e.r was told that it was broken 2 months later I have yet to receive any medical vice been on light duty at work and I think my ankle healed wrong what should I do ?

[@GonzalezLawEmpower]

I'm sorry to hear that Doober, "Medical Vice" ? Do you mean treatment? You should designate a different PTP and probably an orthopedic surgeon as PTP. You have been on light duty. Who is writing your light duty work status if you are not treating? General info, not legal advice. Not representing you. Blessings, Naomi Gonzalez

[@doober8349]

@@GonzalezLawEmpower my company is having me on light duty since my accident basically if don’t show up I don’t get paid never really got to rest my foot I’m thinking of getting a lawyer since it’s been 2months and I keep getting the run around on treatments

[@yankeeyobaby]

Hi I had tbi . Brain bleed and I also had surgery Acdf for my spine because of my neck and back. Also siattica on my left leg. I have been on workers comp almost three yrs I want to settle now but have not reached mmi can I ask to settle by my lawyer and me being on comp three yrs does that make my settlement less or more. Im tired and ready to settle my job terminated after a yr.

[@GonzalezLawEmpower]

Hi Tina, Your case value is permanent disability plus future medical if settling C&R (which is your only option before P&S) If you are receiving advances of PD (checks of $580 usually,, may have been lump sum) then the longer your case takes to close, the less "new money" you will get. As for future medical, it is valued by how much needs to still be done. If it is mostly done in the main treatment phase before you are P&S then there will be little to no future medical needed and paid out. For example, if you need a knee surgery, if you have the surgery done during your main treatment phase, you will not have the money for it in future medical. So in general, I think a case that has lingered beyond the 104 weeks of TTD. That keeping the case open longer actually diminishes case value. Of course that is in general. If they are trying to add or develop the record on certain body parts to have a stronger case, that might be different. TBI in particular can take a minute to develop. You should listen to your lawyer. But if I were you, I might consider a letter to the PTP asking him to make you P&S so you can settle. If he refuses, then you can try giving a demand based on your attorney preliminary case valuation. And see if they are willing to pay ball. Good luck Tina! - Naomi

[@yankeeyobaby]

Ty

[@Analysemarie]

Is the $580 every 2 weeks? If I settle on aC&R will the continue to pay me temporary disability until I get my check or will my Workmen’s Comp. payments be cut off right away as soon as I sign? How long does it normally take a check from the insurance company for a C&R?

[@GonzalezLawEmpower]

Hi there, $580 is PDA advances. They probably will stop, but if they do not, your paid out amount will be decreased by the amount paid in the meantime. Ex. you are going to get 5 ,000 new money. But inbetween your signing and getting the check, you get two 580 payments. The check will be 3,840. General info, not legal advice, not representing you. Hope this helps. Naomi

[@edwardkareem6446]

On the stipulation you're able to stay with your employer right? Now my only question is can they fire me few months later

[@GonzalezLawEmpower]

Thank you for your question Edward, You don't have to quit with a Stipulation. Whether you can stay with them depends on if they can accommodate your restrictions. If they give you an offer of modified, alternative or regular work after you are P&S, the position is suppose to be permanent lasting at least 12 months. If they terminate you and you believe it was retaliation or discrimination, then you should contact us for an employment law attorney referral for a consultation. Hope this helps, Naomi

[@559FRESNOESF]

If my adjuster already offered me a c&r of 30k would waiting for my mmi possibly cause the offer to go up if my doctor already told me he thinks it’s gonna be permanent or would waiting for maximum medical improvement possibly cause me to lose out on a settlement because either way i need a lump sum i just don’t wanna wait for mmi if waiting isn’t better for the settlement offer

[@GonzalezLawEmpower]

Hi there, My last two videos deal with early resolution. kzbin.info/www/bejne/Z3nbYnqimsR8a6s It's like the game deal or no deal. That QME MMI is a suitcase. Once you open it the bank offer can go up or down. Except to even get that report costs money and their offer will most likely be pulled prior to the evaluation. General info, not legal advice. Not representing you.

[@559FRESNOESF]

@@GonzalezLawEmpower thank you so much for your reply i just watched it

[@559FRESNOESF]

Ive been off work receiving workers comp for almost 7 months for lumber and disc work injury and recently received a c&r settlement offer through email for 30k id like to settle so i can go through new career training which they also included in their offer but i dont think 30 is enough how should i counter offer or try to see if i can get the insurance company to raise the offer what im asking is what should i say to them

[@GonzalezLawEmpower]

If you are not represented, you can email your adjuster. Tell them you received their offer and state it. Ie C&R 30k no credits (if the case) plus voucher. Then tell them you are countering for ________. Give your counter. Fior example you may ask for a higher number like if you wanted 10 more you would ask for 40k. You can also ask for outstanding mileage if you have any. Follow up in a week of not heard back. General info, not legal advice, not representing you. Naomi

[@559FRESNOESF]

@@GonzalezLawEmpower thank you

[@anthonywylie5771]

I got my 21 percent disability approved now there gonna pay me for next 500 weeks and I still have my job but not near the same rate as I was injured and open medical I had laminectomy is any lump some settlement coming my way or is it done I haven’t signed any papers yet

[@GonzalezLawEmpower]

Thank you for the question Anthony, If you move forward with a Stipulation settlement as you describe and do nothing else, you will have your biweekly payments until it is all paid out and then your future medical. If you want a lump sum, you can settle via Compromise and Release. But you will most likely have to quit your job. If you have a financial hardship, you can apply to get your Stipulation via lump sum, but the amount will be commutated so you receive present value of the future money. i.e. you will receive less money but all at once. You still keep your future medical and job in this situation. If you want to keep working there, you can Stip now and keep treating while you work. Then if you ever leave the company, you can see if they want to settle out just your future medical. Possible but not required. The defense can just say no. But if you had been expensive for them i.e. keep treating and costing them money, they are more likely to say yes and settle out future medical in a lump sum later on. Hey, thank you for joining us at our Mock Deposition premiere today. Did you like the video? Did you think integrating zoom and in person was a good idea or was it distracting? Thanks, Hope this helps, Naomi

[@anthonywylie5771]

@@GonzalezLawEmpower yes it was great and thank you for info I love all videos you make easy enough for any to under thank you

[@redflagarmy901]

I have a question, QME seemed to have my case confused with other patients on my paperwork it says im essentially blind in right eye even tho we didn't do a eye test i ha e 20/20 Vision and this is about a spine injury. They only gave 5% disability and some of the information about my injury was wrong. They offered 12.5k which i feel is extremely low. I can do have the things i use to and most activities i must be gentle or my back can spasm. What should i do im in California.

[@GonzalezLawEmpower]

Hi there, Are you represented? I've never seen an actual case that the report was totally mixed with another patient. Sometimes elements were copy and paste from others. So I had a white man be identified as a black woman. But even that still has correct name, date of injury, date of birth, normal identifiers. If it really is the wrong person, you should ask your attorney to reach out to the defense and do an joint letter asking for clarity as to if correct patient. General info, not legal advice, not representing you. Best of luck! Naomi

[@redflagarmy901]

@@GonzalezLawEmpower No im not represented, i just was offered to settle by my adjuster a couple days ago! And yes i was confused reading the report. Ive been thinking that i may need a lawyer or a consultation. And you ate the 1st person ive reached out too since i came across your video.

[@redflagarmy901]

@@GonzalezLawEmpower i think i need a lawyer

[@GonzalezLawEmpower]

@@redflagarmy901 Please Text "Red Consult" to 909-266-0003. Thank you

[@JesusRodriguez-es1fj]

Hello, I have a question, I’m in the process of settling s couple of bulged disk for 40,000 vía C&R. We opened settlement negotiation an hour before my deposition which was later canceled as the insurance was entertained by our offer. Forward a week and my lawyer informs me that they would like to settle 40k. I agree and was told the paperwork would be sent for signature once it’s ready. Well it’s been another 2 weeks (about 3 weeks now) and i haven’t received any paperwork as the insurance has not sent it over yet. Is this normal? I was told it should take 2 months once the paperwork is done as

[@JesusRodriguez-es1fj]

A month for the judge to approve or deny, and up to a month for the insurance to send payment of approved by the judge. Is it normal to have a delay for signatures when both parties have agreed? Thank you

[@GonzalezLawEmpower]

Good morning Jose, Thank you for your question. Everything you described up to getting your paperwork is normal. Sometimes the defense can drag their feet getting you the paperwork. Most times we have it same day or next business day. If the defense has become unresponsive, the remedy is to file a status conference to give them a nudge to finalize settlement. Ask your attorney if that would be a good option. It could very well not be the case they are being unresponsive though. They may be talking to your attorney office telling them why the delay. So check with them. Good luck! Naomi

[@JesusRodriguez-es1fj]

Thank you! I spoke to my attorney and he informed me he emailed them (on Tuesday still waiting for a response but I will be patient). I have one more question if you don’t mind. Can a workers comp doctor say they don’t think it’d work comp responsibility? My doctor told me this and I began to record our appointments after. He has repetitive asked me why I think work comp should have to pay for me “getting into shape” and constantly says my weight was the reason I got I hired and it falls under me even if my back strain was at work. It has made me feel very uneasy as each appointment he always ask me when he can “cut me loose” so that I can join a gym and have a personal trainer (out of pocket of course). Is this legal?

[@JesusRodriguez-es1fj]

The reason I began to record our appointment was after he found out I hired an attorney, he began questioning me asking why I hired a lawyer, how are they getting paid and then said “I thought you were happy with how we are treating you, why did you get a lawyer.” When I asked him “why does it matter” after telling him it was for my protection, he told me he had a right to know. It blindsided me and so I began to voice record the appointments.

[@GonzalezLawEmpower]

@@JesusRodriguez-es1fj Yes. One of the work comp doctor's job is to give his medical opinion as to if your injury was work related. But normally if the answer is yes no, the insurance company would deny the case and you would not go back to him again. Then you would proceed with the denial process un my video, how to fight your denial. You would get a QME to find the injury was industrial usually. If both the doctors say it is not from work then you are usually out of luck. - Naomi

[@julioreynoso1038]

Does a lawsuit stays in your record if you apply elsewhere? After an injury at a previous job?.

[@brianbui2460]

Does the lawyer have to see the district attorney for settlement? I called my office and they said something about that which confuse me….

[@GonzalezLawEmpower]

Hi Brian, No the District Attorney only has to do with criminal law. But, I know where your confusion is. It is a term of art. In work comp, the shorthand for applicant attorney is "AA" and for defense attorney is "DA". That is the insurance company's attorney. You probably heard DA and mistook that for district attorney. Hope this helps 😀 Naomi

[@Flyrabbit1]

I’m so confused .. I don’t have a lawyer but I have been getting great care paid for by my employers insurance company. I’ve been out 10 months and I need to go back to work. I still have pain but nothing really can be done .. I have a return to work date set and I’m going back … all I have gotten is a small check every two weeks from the insurance company .. I’m going back in 3 weeks to my job of 24 years.. I love my job and want to keep working .. financially this has been a horrid blow to me .. am I going to be offered a settlement at the end of this ?

[@GonzalezLawEmpower]

You have to look at your final report. If you want to stay, you will want to do a Stipulation. The amount will depend on how much permanent disability the doctor gave you. Ask your adjuster for a copy of your P&S report and what it rates out to and how much money that means. You may want a second opinion with a QME if you don't like what your doctor gave you. General info, not legal advice. Not representing you. Good luck, Naomi

[@GonzalezLawEmpower]

You have to look at your final report. If you want to stay, you will want to do a Stipulation. The amount will depend on how much permanent disability the doctor gave you. Ask your adjuster for a copy of your P&S report and what it rates out to and how much money that means. You may want a second opinion with a QME if you don't like what your doctor gave you. General info, not legal advice. Not representing you. Good luck, Naomi

[@daciarandolph7692]

Is it required for me to quit my employer if I want an C&R?

[@GonzalezLawEmpower]

Vast majority of the time. But you can always check if your insurance company is an exception. I have had exceptions in the past. But like 95% of the time, yes. General info, not legal advice. Not representing you. Blessings, Naomi

[@ERiseCali]

Hello, I’m a 38 year old. I had a crush injury to my wrist in 2008 that resulted to me having 4 surgeries, along with ptsd, depression, insomnia etc. My case was settled in a Stipulation with future reward. It’s been 15 years and I’m sick of it. Doctor visits, therapy, acupuncture etc. have consumed most of my time and energy. I’ve been confined to my injuries and the workman’s comp system. With plenty of denials, with medication along with other treatments. I was offered a close out of my open medical about 7 years ago, they offered me 100k while not being appointed a doctor for a whole year at the time. My attorney and I counter offered and never heard back from them. My question is, is it still possible to close out my future medical? Thank you.

[@GonzalezLawEmpower]

Possibly, you should talk to your attorney about initiating settlement talks. To happen though both sides have to want it. General info. Not legal advice. Not representing you. Good luck! Naomi

[@ERiseCali]

@@GonzalezLawEmpower Thank you so much for the response. I highly appreciate it and the general advice. I sent a certified letter to my attorney this morning stating my wishes. Now I’m here overthinking, wondering seeking any kind of information on it and came across your channel. Thanks again, you were very helpful and informative🙏🏽

[@diane5174]

How long does your money sit in the “Medicare Set aside” account? Can I pull it from the set aside account after 5 years 10 years? I was told nothing they can do as far as treatment so why do I have to set it aside, I honestly doesn’t see myself using it for future treatment.

[@GonzalezLawEmpower]

It is suppose to last for your lifetime. If you pull it out, you will not be able to treat with Medicare for those body parts until you replace the money and prove up Medicare you spent it all correctly. General info, not legal advice, not representing you. Ps we have a msa series about half way done

[@mariovo5]

I have a case ,I've seen the IME Dr for the 4rth time. And I'm getting worse and physical therapy did not work.

[@GonzalezLawEmpower]

I'm sorry, what state are you in?

[@mariovo5]

@@GonzalezLawEmpower Hello ,I'm in Illinois. An RFA has been denied and they keep pushing therapy after therapy I'm just not well at so much pain. Every time I want to see my workers comp doctor I have to call my attorney to get it approved just for a visit.

[@albertpr41]

Is it legal to settle via c&r and use health insurance for treatment?

[@GonzalezLawEmpower]

@@albertpr41 Many people use that strategy. It's not about legal, it's about if your insurance co will allow. Except Medicare, you have to use work comp future medical money for that. General info, not legal advice. Not representing you. Naomi

[@albertpr41]

Thank you!

[@acevenezuela4849]

Hi I've got 2 qme doctors what is that mean? because I am on P & S and MMI.

[@GonzalezLawEmpower]

Hi Ace, ln general, a person has two QMEs if their injury requires it ie need another specialty. Like you might have injured you ankle and have a psych injury. An ortho can't address the psych issues and vice versa. The other way is if you had a replacement panel for the same specialty. Very rarely allowed. But for example, one doctor dies or retires and you need another one to get a final report. Being P&S usually means you are almost done 😀 General info, not legal advice, not representing you. Hope this helps, Naomi

[@acevenezuela4849]

@@GonzalezLawEmpower Thanks Naomi it helps a lot.....

[@juliorod8755]

What I can recover with WBTF after four years of fighting for my right of the state fund insurance protecting the uninsured employer and that blocking the case to go forward and the state they allready knew the employer was uninsured employer can I go after state fund because they blocking a right case with corruption and conspiracy against my case do you know about that ? ? ? ?

[@GonzalezLawEmpower]

Julio, Here is the info on uninsured fund www.dir.ca.gov/dwc/claims.html They are the last payor so if there is another possible insurance co, they will try to make them pay first. Sound like that might be the fight you are talking about? We have a referral for uninsured cases but don't take them directly. Sorry, Naomi

[@peketraves2446]

I just got my final QME report(l4-l5/l5-s1 disc replacement)17% whole person impairment. I got no restrictions just take a 5 minutes break every hr with no changes up to a year. My future medical: physical therapy, physician visits by orthopedic specialist, pain med, narcotics, antispasmodics and diagnostic studies may be indicated as well to further evaluate my symptoms during flare ups. I have reached permanent and stationary status. I can go back to work with no restrictions. What would be a good settlement?

[@georgerios7491]

Thanks 🙏 for given us injured workers much needed important information may God keep blessing u thanks 😊 take care ❤️

[@GonzalezLawEmpower]

Thank you for your question Peke, You can go back to work if they accommodate your 5 minute break restriction. If not and you think you can do without that restriction, you can ask the doctor to change you to full duty. If you want to stay at your job, you are probably going to looking at a Stipulation settlement. You need to rate the report i.e. convert that 17% WPI into PD rating. Once you do that, you can use a chart to tell you a good idea of your case value. If you do not have an attorney, the DEU unit at the WCAB can rate it for you. Obviously I know very little about your case, so this can be totally wrong. But if 17% was PD not WPI, it would be worth about $17,545.00 for dates of injury 2014 to present if you were a max earner. The detailed chart is on the link below. For a stipulation, that amount is paid out biweekly then stops. But you continue to have future medical within workers compensation. silverii.com/PermanentDisabilityIndemnityChart.pdf Hope this helps, Naomi

[@justmejm]

Does this pertain to fed ?

[@GonzalezLawEmpower]

Sorry, only California workers' compensation

[@dianeherron2570]

So workers compensation insurance won't me to resign my job if settlement so if I don't resign I won't get my settlement.

[@GonzalezLawEmpower]

Diane, Voluntary resignation is only a condition of the C&R. If you want to keep working, most people settle via Stipulation with request for an award. General info not legal advice. Not representing you. Hope this helps Naomi

[@dianeherron2570]

@@GonzalezLawEmpower i can't settle because they won't me to sign a separation of general agreement

[@GonzalezLawEmpower]

@@dianeherron2570 Diane, if you want a consultation, please text "Diane consult" to 909-266-0003. It could be reasons they are telling you only with quitting now. If you are settling early, then a stipulation is not an option. You have to see the case through to permanent and stationary to do the type of settlement without resigning. General info not legal advice. Not representing you. Best of luck, Naomi

[@user-yo5uf7ke1i]

I need help for my settlement... I work at usc I get hurt form work ...

[@GonzalezLawEmpower]

Please text us "USC Consult" to 909-266-0003 for a consultation.

[@user-yo5uf7ke1i]

I need help for my settlement... I work at usc I get hurt form work ...😢

[@GonzalezLawEmpower]

Please text us "USC Consult" to 909-266-0003 for a consultation.

[@user-yo5uf7ke1i]

I need help for my settlement... I work in one of the best hospital I get hurt form work ...😢

[@GonzalezLawEmpower]

Please text us "USC Consult" to 909-266-0003 for a consultation.

[@MOTIVASYON50928]

Can someone reopen their case and get C&R?

[@GonzalezLawEmpower]

Cleefton, A person with a stipulation settlement can petition to reopen their case for a new and further injury within 5 years of their date of injury. If you stipped though, you don't have to reopen your case to do a C&R to settle out future medical. It takes both sides wanting to settle out future medical and agreeing on the number. Can do with case reopened or close via stip. General info, not legal advice. Not representing you. Hope this helps, Naomi

[@susananoriega6415]

Hello I have a worker compensation case with the worst lawyer ever. He ignored me for 3 years and didn’t send me to the Dr. Now he said if i wanted to settle the case offering me $25,000. I do have a lot of back pain and carpotunnel on my 2 hands. Please give me tour best advise. Somebody call me today and said its going to be a court tomorrow in the phone. Like I mentioned before they are so unprofessional, they didn’t sent me a letter or an e-mail!

[@GonzalezLawEmpower]

Susan, you should have received a notice of hearing in the mail by the WCAB. It would have the call in info. If not, you can look up your case on the court website to see who the hearing is with. It sounds like maybe a mandatory settlement conference. If you are in a lot of pain and want to start treatment, you may want to do a Stipulation instead. 25K sounds like a C&R settlement offer. Definitely call your attorney to get the details on the settlement offer. That is, type (stip vs C&R) breakdown of your take ie your check amount, if it has a retraining voucher etc. I don't know much about your case, so can't really give anything but general principles. Good luck! Naomi

[@susananoriega6415]

@@GonzalezLawEmpower hi what is stipulation?

[@susananoriega6415]

@@GonzalezLawEmpower and C&R? Thank you for responding me! 🙏🙏

[@GonzalezLawEmpower]

@@susananoriega6415 that's shorthand for compromise and release

[@AnneRr0_0]

I have 3 disc herniation and they wanna setle for 25K 😢

[@GonzalezLawEmpower]

Were you a DRE Category II, 5-8% WPI? With that offer, it sounds like that might be the case.

[@ccmoreno9947]

Hey Naomi it’s me Carol moreno I haven’t sent you a text or any questions in quite a while I have one for you now I’m the one that’s had the case for 20 years and my lawyer doesn’t help me maybe you’ll remember me even though you talk to hundreds of people she sent me a letter That she wrote and wants me to sign to fire her which to me is unreal but she did and it’s all because my companies lawyers want to settle the MSA and said they’re willing to sit down and talk to Butt with about other options so I told her I wanted to do that and she said they won’t want to do anything they’re just saying it because that’s what they say in the letters she won’t give me the time of day and then a week later I got the letter it says I NI supposed to write my name in there do not want so-and-so to represent me anymore I found that just a palling anyhow do you think it’s wise if I fire her myself and take care of my Medicare set aside since it took so long I’m not getting any money anymore that’s what I’ve been told I’m still at a loss but hopefully you can give me some good advice

[@GonzalezLawEmpower]

Hi Carol, Just speculating, they may want you to dismiss them because they want to get out of work. If you discarded the C&R and did a Stip, they would have to deal with future medical for you forever. If you dismiss them, they are free. If they have good cause, they can petition to be dismissed themselves, but unless you have not been responsive to them, the judge will probably set a hearing on that issue before dismissing them. The real problem is who wants to be represented by someone that doesn't want to represent them? How can you trust they have your best interest at heart? So you are between a rock and a hard place unfortunately. If you are sure you want to C&R, you could dismiss your attorney and proceed on your own. Unrepresented cases are given more attention by judges and you will be able to consult with the information and assistance officer. Usually can talk with the judge too if they call a hearing on approval. But representing yourself could be scary. Do not expect someone else to take your case at this point. Not to say impossible but would be very hard to find someone willing to take any 20 year old case. You could keep your attorney and just be a squeaky wheel until you settle. FYI, general info, not legal advice, not representing you. Hope this helps, Naomi Gonzalez

[@ccmoreno9947]

@@GonzalezLawEmpower But what do I need my lawyer for I don’t go to their doctor they don’t give me medication I’m not having no more surgeries the only thing she’s therefore is is for the Medicare set aside and they want to give me $100,000 over 20 years and I asked her if she can ask to shorten the years she said no they won’t do it she doesn’t even try so if you could please have an opinion for me what do I need her for exactly and when she told me about the set aside she said don’t take it it’s not a good one why don’t know what else is going to get any better waiting 20 years at least I’ll have a little bit of money coming in my pocket I don’t have no work comp bills at all. and let me know if I if I’m saying this correctly? when they get them it when I get the Medicare set aside they’re going to put 10,000 down and account and pay thing $416 monthly for 20 years I able to use that money for myself since I don’t have any medical bills I don’t even see a work comp doctor because the one I have doesn’t give me medication so she tells me to find another one and then remember that they’re stating my back is part of my claim and it’s not because I don’t have an Eems number for it

[@ccmoreno9947]

That specific case

[@GonzalezLawEmpower]

@@ccmoreno9947 you don't have to have an eams number for a body part to be included. Reporting showing it industrial is usually enough. But if msa does not include low back then you should exclude it from the settlement future medical. When negotiating both sides have the power to say no or change any condition. Your attorney may have tried to change to more up front and they could have already said no. No way to know through speculation. If they really haven't tried then you might get somewhere with them once you dismiss your attorney. It's up to you. An information and assistance officer can help you dismiss if that's what you want. Or sign what your attorney gave and they will file it for you. It's up to you what you want to do keep them or let them go. I'm sorry, I really can't help you 😞 General info, not legal advice, not representing you. Sorry, Naomi

[@ccmoreno9947]

@@GonzalezLawEmpower Thanks for all your help Naomi I appreciate it I did want to say some thing on my behalf though I learned to look up EAMS from you, and my back was never part of my original claim 20 years ago they just added it this year it doesn’t make any sense to me they’ve never paid for an MRI I’ve paid for everything I’ve had five MRIs and I’ve had to pay for those well co-pays anyhow my lawyer just has my whole case all screwed up and I understand you can’t help me I know that and you’ve given me all the good advice that you can so I really appreciate you I just wanted to kind of clear that up with you though thanks for everything wish I would’ve met you 20 years ago but I don’t think you were practicing then lol you’re fantastic you help everyone in the Work Comp world it’s in a world of aits OWN… Thank you again cc

[@melymendo3]

What if it’s been almost 2 years on Worker’s compensation and not better yet what happeneds then

[@GonzalezLawEmpower]

Thanks for the question Imelda, I am not clear as to your question. Are you asking about settlement or your TTD 104 weeks have all been used up? If your question is about income, sometimes you can start receiving permanent disability advances if there is anticipated PD in your case. These would be advances though, it will be deducted from your final settlement. If you never had EDD, you can try applying for that. It may also result in a final reduction, but if you need three money, you should apply. But your insurance co only had liability for 104 weeks. Hope this helps, Naomi

[@melymendo3]

@@GonzalezLawEmpower thank you 🙏🏼

[@foolazz84]

What happens after deposition?

[@GonzalezLawEmpower]

Chaz, My first reaction is to say, you go home and go to sleep or veg out :-) But you will get to review the transcript in a few weeks and you will have the opportunity to make edits at that time. Then the transcript will be held waiting for trial. Also will be sent to your doctors. All things Depo are covered in my series Acing Your Work Comp Deposition kzbin.info/aero/PLbyvkdfacGJXMuh43hYeutUe4zyCIV1jl Hope this helps :-) Naomi

[@foolazz84]

@@GonzalezLawEmpower thank you.. I really want it all to just be over they both attorneys said I did a good job

[@GonzalezLawEmpower]

@@foolazz84 That's a good sign

[@foolazz84]

@@GonzalezLawEmpower 💙

[@RealAgent316]

What happens if it’s only short term disability but it’s exhausted for a whole year? And employer denies worker’s compensation case. Average in CA for back injury. If I settle they want me to resign my job. Settlement amount isn’t even half of my annual income. Am I being ripped off?

[@GonzalezLawEmpower]

I don't understand, you had EDD for a year or a private short term disability plan? You do not have to take a comprise and Release with a resignation if that is not the best fit for you. Ask your attorney for a case valuation. I unfortunately can't tell you if you are being ripped off because I don't know anything about your case. Sorry, Naomi

[@GonzalezLawEmpower]

You can fight the denial instead of settling too. This video shows you the process kzbin.info/www/bejne/rpOXYohjhLKBfZI Best of luck! Naomi

[@RealAgent316]

@@GonzalezLawEmpower oh thank you for that! I’ll check that video out!

[@eduardocruz4881]

I need to switch firm I want to go with you

[@eduardocruz4881]

I want to C and R but want to continue working at the same place is this posible ?

[@GonzalezLawEmpower]

Well, we can give you a consult. Please text "Edward consult" to 909-266-0003. Thank you, Naomi

[@GonzalezLawEmpower]

@@eduardocruz4881 Usually you can not settle a C&R without a voluntary resignation. I have done it but in very rare circumstances. Sometimes with a nominal settlement (super low) or a specific injury where you are unlikely to need much care, or between when you were injured or settled the employer changed insurance companies. - Naomi

[@eduardocruz4881]

You are the best I will …

[@Ieatsouls8787]

Well Gonzalez I see you’re 909 IE? Because I need a lawyer to negotiate for me

[@GonzalezLawEmpower]

Yes. We are in Ontario. Please text "Chalo Consult" to 909-266-0003 and we will have a chat. Thanks, Naomi

[@Ieatsouls8787]

@@GonzalezLawEmpower i called u 2 times already today Friday July 15 at 2:54 pm and y’all close most not like money Lnao 🤣

[@GonzalezLawEmpower]

@@Ieatsouls8787 Sorry, our office closes at noon on Fridays. But I was able to speak with you a few minutes ago.

[@Queenintheblack]

where r u loated?

[@GonzalezLawEmpower]

Our physical office is in Ontario, CA

[@Queenintheblack]

@@GonzalezLawEmpower I’m in Sacramento

[@kanwaljitguru9108]

Hello miss,I have question.I am going to settlement workers comp case .qme report says 52%permanent parshal disability.I am 65 years old.this incident happened 3 years back.worker comp want pay me 83 thousand.is it ok.pls let me know.thanks

[@GonzalezLawEmpower]

Hi Kanwaljit, For a max earner 3 years ago, the PD indemnity rate for 52% PD is $83,302.50. That is the correct value for a max earner. General info, not legal advice, not representing you. Hope this helps, Naomi

[@aquiconfeya]

Ablas español?

[@GonzalezLawEmpower]

Yo no, pero mi personal sí habla español. Además, mi esposo es el otro abogado de nuestra oficina y también habla español.

[@randiscott6093]

Ethan Jones is the worst Attorney

[@GonzalezLawEmpower]

Hmm, sorry I don't think I know him.

[@Socalchik916]

Is it better to settle a case or take it to trial if you have around 77% injury rating?

[@GonzalezLawEmpower]

Hi there, It is not about what percentage you have. It is about if there is disagreement in the reporting. That is, do you have something to fight about or do you and the defense disagree. If you agree on the stuff the judge can rule on, then there is no reason to go to trial. Just stipulate to that stuff. As for C&R settlement 77% is life pension territory. So you may do good settling or not. Only time will tell. If you live to 105 yrs old, probably bad move :-) If (God forbid) you get hit by a car and die the day after the settlement, good move, for your estate at least. Definitely discuss with your attorney who will be privy to tons of info I don't know. General info, not legal advice, not representing you. Blessings, Naomi

[@girrth_brooks]

How do I recover damages for an Insurance company who did not Pay the the settlement amount in the required 30 days it's been 58 days now ? How do I recover the Full 25% penalty On top of C&R Settlement amount?

[@GonzalezLawEmpower]

Thank you for your question, In general, you have to file and serve a petition for fees and penalties. Can file an msc hearing or judge might call a hearing on their own. Check with defense first. Someone might have stolen your check so see if it was issued and cashed first. Good luck! Naomi Disclaimer: Just general info, not legal advice and I am not representing you.

[@bohoxplorer840]

Get a lawyer they file a penalty hearing with the workmans comp board for the penalty and immediately the damm insurance company sends you the money and the hearing is cancelled

[@reneeneal5357]

Thank you

[@GonzalezLawEmpower]

You're welcome Renee 😊 - Naomi

[@user-yo5uf7ke1i]

I need help for my settlement... I work at usc I get hurt form work ...

[@GonzalezLawEmpower]

Please text us "USC Consult" to 909-266-0003 for a consultation.