How much of my settlement do I get to keep? By a Workers’ Compensation Attorney. California. Taxes?

[@GonzalezLawEmpower]

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[@samuelphillips6818]

Wow!!! mrs.gonzalez-- your're very fast getting to my comments--like i said-----wished i had retained you instead earlier, then my cases would've been settled by now- so to all the readers out there, if you need help in your workers comp case, don't miss the chance to hire her like i did, so now you know-----thanks again naomi.

[@GonzalezLawEmpower]

😁

[@gustavozendejas701]

Yes that’s what I was wondering if debt cancellation can do that if I was to get something on a workers composition case

[@GonzalezLawEmpower]

I've never seen it from just a personal line of credit. Their lien would have to be approved. Here is the paperwork with categories www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.dir.ca.gov/dwc/forms/eams%2520forms/adj/dwcform6.pdf&ved=2ahUKEwjG-Mugl82CAxXIEkQIHU2cAOQQFnoECBkQAQ&usg=AOvVaw2oaoKo76maB73TjLfWkIqX

[@gustavozendejas701]

Ok yeah, my question was just that I have some debt to some small credit cards and a personal loan, so that’s why I was wondering if I ended up getting something from my Worker’s Compensation case that I have going on would they take something from that? How you had explained on your video that sometimes if you owe money, they will collect from that, I know you mentioned for child support they will but I was wondering on that

[@languagetraveler9]

Just want to start off by saying your videos are amazing, thank you for all that you do to help people. I settled a few weeks ago and I know that the insurance company has up to 30 days after the judge signs off on the settlement to send the check out. My question is how long does it take after the settlement paperwork is signed for the check to be received? I know that there is no way to predict the exact amount of days but an approximate time frame if available would put my mind at ease a little lol. Once again I thank you for your time.

[@GonzalezLawEmpower]

Usually a week to two weeks. Can be three but if three, i would check it was processed correctly.

[@samuelphillips6818]

Thank you very much Mrs. Gonzalez for your knowledge about my comments- you have helped me understand more than my current lawyer did.( I should be paying you instead) (lol)-I appreaciate what you have done- keep up the good work on doing what you're doing to help all injuried workers that's stuck in this awful system.(workers comp)--thanks again.

[@GonzalezLawEmpower]

You're welcome Samuel :-)

[@feliciamonges3000]

If you have a garnishment and they normally take out of your check but you got put in medical leave due to no placement cause eof permanent restrictions dont owe back pay or arrears and are current will the garnish your settlement as long as your current on your child support payments

[@GonzalezLawEmpower]

Each situation is different. It's possible if you are already on a plan that they would allow you to continue instead of taking credit. You should get an answer before settlement as to if it will be credited. Need to ask lien holder. General info, not legal advice. Not representing you.

[@ccmoreno9947]

Hi Naomi, you’ve answered a few of my questions in the last couple of years. My question to you is my case started in 2005 the judge signed my CNR documents on May 22, 2023. My Medicare set aside will be seed money and payments for the next 20 years and then Im going to receive a lump sum! My question to you is, I’ve been receiving Social Security disability how does that lump sum affect my monthly Social Security disability checks?

[@ccmoreno9947]

Hi Naomi, did you have an answer for me please

[@ccmoreno9947]

Hope you have an answer for me I’d appreciate it

[@GonzalezLawEmpower]

Hi there, In general, it depends on if you have a social security addendum. An addendum that spreads the money over the course of your expected lifetime. If not, they may take it all now. For example, if you receive $500/mo from ssdi and you settle for 2,000 without addendum then ssdi will offset and not pay for 4 months. If the money was spread over a projected life span of 20 years, then the offset will be 8.33 dollars a month for 20 years. So your payment will go from 500 to 491.67. If you don't have an addendum, you can still try to change and amend the C&R. You have 30 days from the OACR to make changes. Need the defense on board. General info, not legal advice, not representing you. Good luck, Naomi

[@JC_Lion82]

The QME doctor and the regular doctor have released me to go back to work without restrictions, and the work insurance have started PDA's. The problem is that my manager does not let me go back to work because of the PDA's. How can I help my manager to understand that PDA's should not prevent me from going back to work.

[@GonzalezLawEmpower]

Thanks for your question JC, If it is only PDA, you can ask the insurance company to pause them until you have your settlement. Then start working. Usually PD is paid while you are working, but PDA is usually not paid out at the same time because it is unneeded since you are getting your wages. Most people do not want PDA because then their new money settlement is lessened as the defense gets credit for what they already paid. Once you are working, when you settle and start getting PD, then just continue working. PD is not a salary replacement benefit, so you can work and receive PD at the same time. Hope this helps. General info not legal advice, not representing you. - Naomi

[@kimallen9130]

My husband just got screwed by the whole system they just told him on Monday we aren’t gonna pay you another cent and someone will get in touch with you from work. We have a mortgage and a car payment not to mention food and utilities!

[@GonzalezLawEmpower]

Oh Kim, Did his benefits run out? The 104 weeks of TTD? You should have had some warning. Or was it PD just finished being paid out? Usually you have limited options. You can apply for EDD if you qualify, apply for social security disability, or return to work. Hope this helps, Naomi

[@edwardkareem6446]

Thank you for your video so now I do understand a medical will not be deducted I am getting surgery my only question to you is the surgery make a case stronger and more valuable

[@GonzalezLawEmpower]

Thank you for your question Edward, A surgery done during the "main treatment phase" can make the case longer because you have to recover before reaching P&S, usually 6 months to a year depending on the surgery. But a surgery done as future medical will not lengthen the case. As for case value, if it is a good result, a surgery might actually lower the case value because your case value is determined when you are at your best (at P&S). If it is a really good result and you recover back or close to normal, you might have 0% PD. But sometimes a surgery will put you in a better impairment category, like a spinal fusion usually does. So the answer is that it depends on when the surgery occurs, the type of surgery it is, and how good of a result you have. Take care, Naomi

[@GonzalezLawEmpower]

Edward, please also copy and paste this question in the comments for the video from today and the how long video (kzbin.info/www/bejne/mKLXoJKNprt5nrM) because I think those viewers will benefit the most from my answer and I can copy and paste it into those videos as well. Thanks Edward.

[@rudyol7793]

Thank you for making videos Very helpful Thank you again 🙏🏼

[@Earthtime3978]

It was explained to me that you have to pay back all the temporary disability benefits to workers comp after you get your settlement. Also, what if you don’t go back to work and you’re heading for SSDI, when do the workers comp payments stop?

[@GonzalezLawEmpower]

Thank you for your question AJ, In California, you only pay back TTD when there has been an over payment or duplication benefit. Not all of it. Just the amount overpaid or duplicated. It would come out of your settlement money not usually paid out of pocket by the injured worker. TTD continues in an accepted case until you have reached permanent and stationary or MMI, or until your doctor releases you to work full duty or modified duty which your employer can accommodate. SSDI wiil not stop your benefit. But you should disclose payments in case an adjustment must be made while you are receiving TTD. Also, don't forget to include an addendum on the SSDI benefits in settlement to minimize the effect on your payments at settlement. Take care, Naomi

[@brianbui2460]

How do they send payment for settlements? Can you request checks? If so can you request them to break the check in smaller amounts?

[@GonzalezLawEmpower]

Hi Brian, Customary is check in the mail. If you have direct deposit, only a very few insurance offer it, then it will probably come like that. Sometimes it comes in multiple checks. I never had the amount per check be at issue, but if it is a problem for you, you can try to negotiate payment checks the way you want into your settlement. That happens during settlement negotiations. General info, not legal advice, not representing you. Hope this helps, Naomi

[@Becki545]

The California Disability Office wants a Status Letter from my employer's insurance company which I do not believe exists. My employer's clinic has been "treating me" for over 90 days and I have received mileage reimbursement during that time which I believe shows that the claim was accepted but that temporary disability payments have been delayed. Does it make sense that the Disability office is demanding a status letter that does not exist?

[@davidbenitogonzalezjr1434]

Thank you for your help today I am visiting the QME and want to know if I need to tell him that when I was still in physical therapy on tt disability the defense saw that he had stated in his report I was permanent stationary they changed my benifetamount to a permanent amount $580 when prior to his rrport I was getting 1790 how they could change it while I was stil in PT

[@GonzalezLawEmpower]

Thanks for your question David, Yes, you should tell the QME your medical history including that you were P&S prematurely. You could tell him you feel your condition is still changing improving and that you do not think you really have reached P&S. As for the benefits, it sounds like you are receiving advances of 580. If so, you have to pay that back. That is correct if you were p&s. But the QME might disagree with the ptp on that. He might agree with ptp too though. Here is a video that tells about why benefits change. kzbin.info/www/bejne/sGfdd4WPgpWFask This is general info. I am not representing you or giving legal advice. Good luck David! - Naomi

[@williamlevi5051]

If your on comp. By law how long does a employer have to guarantee your job?

[@languagetraveler9]

After a c&r is signed will the insurance company pay for medical bills that they previously denied before the c&r was signed?

[@GonzalezLawEmpower]

C&R is settling everything out. Sounds like you have a reimbursement issue? Generally speaking. If you want it paid, you will have to negotiate it into your settlement. Eg due mileage $200. Your settlement demand 5k. Either Ending demand says 5200 or 5k with language in the doc added saying something like Defense to pay Applicant due mileage $200 within 30 days of the OACR. You would demand 5k plus mileage. For this option. Not 5k and bring up mileage after receiving settlement docs. If C&R silent on it, you lose your mileage. That's why i recommend submitting it along the way. Don't wait because if you bring it up after settlement negotiatiions are complete then too late. If you mean a Bill that has been put on the case as a lien. They should be covered by defense. You need language saying defense will litigate liens of record. Normally already in the settlement doc. General info, not legal advice. Not representing you. Hope this helps, Naomi

[@languagetraveler9]

@@GonzalezLawEmpower I guess I should have included a bit more info. I am only referring to previous medical bills such as physical therapy, mri, and chiro appointments that they originally didn't cover because my lawyer sent me to his doctor.

[@GonzalezLawEmpower]

@@languagetraveler9 if this were treated on a lien basis, then second part of my answer applies.

[@languagetraveler9]

I signed the c&r a few days ago and my attorney explained that the only amount that was going to be taken from the total settlement amount would be his 15% fee. I guess I'm just asking these questions because I am overly paranoid and don't want any other thing taken from my check. But after watching your video and thanks to your very helpful replies, I am at ease. Thank you so much, I will definitely recommend you guys to friends and family.

[@GonzalezLawEmpower]

@@languagetraveler9 Thank you. I'm glad you are able to move on with your life now closing this case 🙂

[@gustavozendejas701]

What about if you owe money to debt like personal loans or credit cards will they take that from there?

[@GonzalezLawEmpower]

Gustavo, Not sure i understand. Are you asking if debt collectors can place a lien on your case? Thanks, Naomi

[@miguelcontreras1684]

Are you talking about EDD unemployment benefits liens?

[@GonzalezLawEmpower]

EDD does unemployment and Disability. They can file a lien on the case for either. But you should not have to pay back unless you double dipped or did something else not allowed. Take care, Naomi

[@adrianrosales98]

​@@GonzalezLawEmpower what is double dipping is that when you apply for both ? Because I feel I might have made a mistake I didn't know if I was going to be accepted so I did both since someone had told me to do both just in case I get denied for either.

[@GonzalezLawEmpower]

@@adrianrosales98 No, double dipping is not applying for both, it's receiving both for the same period of time. So it is ok to apply for EDD as long as you let them know to stop once TTD starts. General info, not legal advice, not representing you. Hope this helps, Naomi

[@trinepimentel9693]

Great content..What happens when QMe says your ready to return to full duty but you still can't accomplish your old job duties??.. Thanks in advance.

[@GonzalezLawEmpower]

Thank you Trine, Usually you would do an interogatory or cross examination to try and get him to change his mind. Maybe tell ptp to put some explanation as to your needed restrictions and then send that report to your qme with request for supplemental report asking about the work restrictions. Hope this helps, Naomi

[@trinepimentel9693]

Thanks again..One more question? So if my regular Doctor is requesting glove restrictions and the qme isn't whose opinion matters most?

[@GonzalezLawEmpower]

Defer to your attorney. Technically, they hold the same weight. Might try having the ptp do an RFA for those gloves like if it was durable medical equipment like when people have to use back brace for work for example. If not, see if qme wiil add to their report. If not, attack a different way, maybe an occupational functioning assessment to help find if gloves needed and if accommodation reasonable. May need a hearing if all fails

[@trinepimentel9693]

@@GonzalezLawEmpower I know it's Friday and I'm full of questions,🙃,but even my Therapist said my range of hand motion was limited..At any rate, I'm a fighter and will battle this too the end,..Can I be fired for not putting my gloves on ,it's required by all workers at the plant I work for,no exceptions,I just can't move my hand accordingly with them on..I've refused before several times and they threatened me but left it alone after..Any ways thanks again,and I'm glad honest informative Attorney's like you exist.. Have an awesome weekend..

[@GonzalezLawEmpower]

I misunderstood you. I thought you wanted gloves not wanted to not wear them. Yes, if your job requires that position to wear gloves, then you need to wear them to do that job. If your restrictions say no gloves, then they need to do an ADA assessment to see if there is another position available for you. This is the relevant video kzbin.info/www/bejne/pKvYp6qjZr1nsM0

[@edwardkareem6446]

Hi Mrs Gonzalez I have a quick question my case should be settling sometimes October or November I have a question I've been receiving lost wages benefits since January because my job did not have modified work duty for me will this be deducted for my settlement thank you

[@GonzalezLawEmpower]

Thank you for your question Edward, Temporary Total Disability payments will not be deducted from a settlement unless there was an overpayment or duplication i.e. they paid you more than you were entitled to or when you were not entitled or paid you twice for the same period of time. Usually there is maybe a couple weeks overlap where they pay you TTD when you have become permanent and stationary before they get the report. That is the most common TTD credit defense tries to reduce. But normal TTD payments like you described are not deducted. Good luck on settling your case 🙂 - Naomi

[@jessgo187]

Hello, let me start by saying thank you for all the helpful information given, I just wanted to make sure of the following, so if I’m receiving Edd benefits while waiting for a settlement, it won’t then get deducted from the settlement amount ?

[@GonzalezLawEmpower]

Thank you Jessica, Sometimes it is deducted. When you are receiving PD advances and ESD, it will be considered double dipping if EDD is not adjusted to account for the advances. Hope this helps, Naomi

[@samuelphillips6818]

HOW LONG DOES IT TAKE FOR A WORKERS COMP ADJUSTER TO PROCESS A MSA? HOW LONG DOES IT TAKE FOR MY LAWYER TO REQUEST A PANEL QME? CAN A QME? FINAL REPORT BE APPEALED BY THE DEFENSE IS IT FAVORS ME ? HOW LONG WILL I HAVE TO KEEP ON FIGHTING WORKERS COMP WHEN THE PTP & QME FAVORS ALL REPORTS? HOW CAN A COMPANY DOCTOR OMIT SURGERY IN HIS FINAL REPORT WHEN HE HAS BEEN REQUSTING & HAD IT APPROVED BY UR--BUT DIDN'T SUBMIT IT TO CMS OR MSA FOR APPROVAL?

[@GonzalezLawEmpower]

Wow Samuel, that is a LOT of questions. (1) MSA reports are usually pretty quick. What takes long is if you are pre-approving the MSA amount with Medicare. (2) Initial panels take 15 - 21 days from the objection, then another 15 days to make a strike, then the appt takes 60 - 90 days to set. Additional panels about a 1 - 1.5 months if you have a joint request. If not, you might have to take the issue to trial. (3) Either side can object to the QME report, send interrogatories and/or cross examine the doctor. (4) Once you have all your final reports, you should be filing for an MSC to get a trial date. (5) MSA should have considered all the PTP and QME reports. If prior reports included an RFA for surgery, then the MSA should have included it. Take care, Naomi

[@ms.sweetcooks2043]

Hi' I'm dealing with a worker comp case .. My question. After the msa amount has been set, is that money being subtracted out of your settlement amount? Or is it separate?

[@familyfirst7027]

​@@ms.sweetcooks2043separate

[@boxycharmhoarders9076]

What about for Long Term disability and Workers Comp at the same time.

[@GonzalezLawEmpower]

Thank you for your question, Since LTD is not part of the work comp system, as you can have that even if your injury was not from work, the answer is different per situation. It might or might not come up in your settlement negotiations. Usually there is no credit if you paid into the benefit ie elected for it and money taken out of your check for it. But if the employer did it on their own with no contribution from you, the employer might try to collect on the overlap with TTD. You really need to look at your individual policy for more info. Hope this helps, Naomi

[@brianbui2460]

Is there anyway to ask the worker comp to break my check down in to smaller amounts or different amounts?

[@GonzalezLawEmpower]

Brian, You mean like a structured payment? Some bigger settlements are structured sometimes. You could ask for one if you want. Both sides have to agree to it for it to work . General info. Not legal advice. Not representing you. Hope this helps, Naomi

[@jamaicanjoe1133]

thank you, i thought i had to repay the EDD after i received my settlement amount.

[@GonzalezLawEmpower]

Jamaican, Only in the instance where you were receiving EDD and permanent disability advances or temporary disability ie double dipping do you have to pay back the amount doubled up.

[@feliciamonges3000]

So sdi wont be taken out unless overpayment was issued

[@GonzalezLawEmpower]

Overpayment or duplication is also called sometimes. Nor legal advice, general info, not representing you

[@ftsftw418]

My ttd stopped while I'm still under Dr care

[@realchris3472]

Is the victims settlement taxable by the state and the IRS?

[@GonzalezLawEmpower]

Generally speaking, work comp settlements and awards in California are not taxable income. General info, not legal advice, not tax advice, not representing you.

[@missyferreira2995]

Does workmen comp checks get deducted from your settlement?

[@GonzalezLawEmpower]

Hi Missy, Thank you for your comment. I am confused because your settlement will come in a check, so that is a workers comp check. But if you are talking about temporary total disability payments, they will not be deducted unless there was an overpayment ie they paid you more than you were entitled to. General info, not legal advise. Not representing you Take care, Naomi

[@brianbui2460]

If you owe the irs can they garnish that check?

[@GonzalezLawEmpower]

Brian, Honestly, I have never had that situation happen. I would imagine so since child support can. But never experienced it. - Naomi

[@boxycharmhoarders9076]

Thanks for this info.

[@GonzalezLawEmpower]

You're welcome!

[@klatrenta911]

Is it common for them to ask for back taxes, work history, copy of license and ss card, and whole lot more they are asking for? And why are they asking for all this?

[@GonzalezLawEmpower]

It is common for that info to be on the deposition notice and request for documents. In the civil side, these production requests are followed. However, since work comp is less formal, normally neither side pushes this issue. However, they might ask some of this at the depo. You will be asked to confirm your SSN but usually just verbally. And they will want a photo ID at depo to make sure you are really you. Double check with your attorney as to what they want you to provide.

[@Analysemarie]

When my doctor says that i need to be put on disability will Workmans comp stop paying me right away and Will disability start paying right away? I have a dr apt coming up and im pretty sure he’s going to be put me on disability due to him saying he has no answer for me on my knee injury and that it sounds like I need to be on disability (stated they have no solution for me on my injury and we have reached end of care. it’s been a year since my injury ) … I’m just curious how long all be without pay if he puts me on disability.

[@EloyV]

Thanks for your videos as Always Naomi. I have question, after a case settles the Edd puts a lien and tries to get their money back from the insurance company? If so can this money be used to extend my disability? And one last question can Edd pay more than 52 weeks or Is it 52 weeks their limit?. Thanks in advance 😊

[@GonzalezLawEmpower]

Eloy, When the defense pays EDD, that money is credited to your personal account bit the general fund. So if can be used by you for benefits. EDD disability is 1 year max. Take care, Naomi

[@alirE2904]

Does every closed C&R have a check due? I dont recall signing A C&R agreement. I had 10 claims, only 5 were filed then C&R later with the rest. I still dont know how much each was settled for.

[@GonzalezLawEmpower]

Thank you for the question Alice, That is an interesting one. Although I have never seen a $0 C&R (happens in Stip sometimes). There just would not be a motivation to settle via C&R if it is $0. However, it can be the case where at the point you settle, there is no what is called "new money". This would be where you have already been paid out what is owed you and none is left or credits add up to more than your settlement. It is not a usual case, but can happen in certain circumstances. Example, You settle for $5,000. you previously received a PD advance of $3,000. But there was a EDD/ TTD duplication of $1,250 (i.e. you double dipped benefits that must be settled when you close the case). Your breakdown would look like this: Total settlement: 5,000 5,000 -750 (attorney fees) = 4250 (Your prelim subtotal - what you would normally have gotten) - 3000 (PDA) = 1,250 (should have been your take after PDA if nothing else happened. - 1,250 (TTD/EDD duplication) = $0 (New money) In that crazy example, you would not get a check after your C&R. As for your C&R docs, you should demand a copy from your attorney. If they say you have not signed as you think, then ask what is the status of those cases ie if they are open or closed. My other video on how to look up your case will also show if a case is open or closed with the courts if it was filed with the WCAB. If you have several dates of injury with the same employer, usually you would settle at the same time in a global settlement. Hope this helps Naomi

[@miguelcontreras1684]

Had I known of u earlier I would have retained u instead of my current attorney.

[@GonzalezLawEmpower]

What a compliment. Thank you Pete! I am sure we would have loved helping you along the way.

[@lifeasReno]

Me too

[@anonanonme2463]

Do you have or know any associates in Honolulu? I've been on wc for 3 years and still being treated. Two surgeries; 2nd limb salvage surgery to fix the butcher job done on the 1st surgery. Doc. Overseeing this says I won't be able to go back doing the same job and more. I am tired of hurting and being stuck in this circus..

[@gabrielmendoza1219]

Hello, If I owe the court money. Would that also be taken out of my composition?

[@GonzalezLawEmpower]

Gabriel, I don't see how you could owe the court (Workers compensation appeals board) money. Never happened to one of my clients for work injury. You might owe over payments or duplicate payments to the insurance co or EDD but not the WCAB. Sorry can't tell you that, Take care, Naomi

[@lyudmilalogvin3331]

Great Video!

[@Earthtime3978]

Hi, I’m back with another question. What if I’m getting 1,800 a month from SSDI and I’m expecting a workers comp loss of use “settlement” for 7-10 thousand dollars, will that small settlement amount affect my monthly SSDI amount ?

[@GonzalezLawEmpower]

AJ, Yes, they will want to offset any work comp settlement. Make sure you have an addendum with the Hartman Formula offset which will spread the money over your expected life time. More info #H4 secure.ssa.gov/poms.nsf/lnx/0452120030 A secure.ssa.gov/poms.nsf/lnx/0452150065#a Hope this helps

[@Earthtime3978]

@@GonzalezLawEmpower thanks. it’s not that large a sum. Some articles I’ve read say that there’s not always a decrease depending on the amount

[@samuelphillips6818]

CAN MY LAWYER CHARGE A FEE ON MY MSA ACCOUNT WHEN SETTLED? IF SO, WHAT IF THE AMOUNT LEFT DOESN'T COVER MY FIRST SURGERY NEEDED--THEN WHAT?

[@GonzalezLawEmpower]

Thank you for your question Samuel, From what I understand from your question, your attorney took their 15% fee upon settlement via C&R on the entire C&R amount, which included both PD and future medical expenses as provided for by an MSA. If that is the case, yes. Your attorney fees are 15% of the C&R amount. This is normally the case for anyone that settles. What sucks in your case is that it seems like you did not have much PD and most of your case value was in future medical. That is why the attorney fees seem disproportionately high. But yes, attorney fees come off the gross settlement value. If you deplete the money in your MSA trust account, then you need to inform medicare, so you can start treating your body parts through medicare. Take care, Naomi

[@samuelphillips6818]

Do all my body parts has to be listed in the msa that was injured? For example: hurt lower back- now hips,legs,foot area etc. But doc never mentioned the other body parts.

[@GonzalezLawEmpower]

@@samuelphillips6818 usually only accepted body parts

[@rainingblueflowers990]

Hi. My case went to appeal because it had typographical errors. It says modified due to typographical errors. Payment is made within 30 days. Is this normal? Did I still win the appeal?

[@GonzalezLawEmpower]

Payment within 30 days is normal for settlements. What do you mean by "went to appeal"? You mean the workers compensation appeals board or that your trial was accepted for reconsideration?

[@rainingblueflowers990]

Workers Compensation Board. You are correct It was modified due to typographical errors.

[@Incredible_629]

That was helpful

[@Hubcitybg]

Great content thank you.

[@samuelphillips6818]

The workers comp doctor knows that my neck & lower back injury affected my upper & lower extremities body parts-so how do i get them added to my body part list? Do i need to see a QME? If so, how long will it take to get a panel Ame or Qme to expose this doctor--NOTE: The company doctor is mad because i want my surgery done under my msa & not under the workers comp program-Too many denials & time consuming to get rfa's approved--So he left my surgery out of his final report- So another msa has to be done? Will workers comp pay again to msa to add body parts as needed for msa to calculate the $(money) needed to cover cost in the future? Or can they submit all needed info thru a supplemental report-- I got a lawyer, but he is acting like it's no concerns to him--should i fire my lawyer before it's to late for him to mess up my msa settlement?

[@GonzalezLawEmpower]

Hello Samuel, Thank you for your question. A few things. It seems like your PTP's opinion is that the symptoms in your upper and lower extremities are not separate injuries but instead are really all coming from your spine. Although you disagree, the PTP is within their role to issue this medical finding i.e their medical opinion. Sometimes that does happen when you feel pain or symptoms elsewhere than where the injury is located. You have the right to a second opinion with a QME if you have not gotten one already. To obtain a QME Panel, you have to object to PTP report, wait 15 - 21 days then obtain a panel, then another 15 days for both sides to strike a name on the panel. Then once you have a QME selected, setting an eval is usually 60 - 90 days. As far as the MSA, keep in mind the delicate balance. If the MSA is too high/expensive or taking too long to complete, the defense may just decide they are uninterested in settling via C&R, then you will lose the opportunity to settle that way completely. They will be annoyed at having to pay again for an MSA, but I would not expect them to include those parts until a QME finds them industrial i.e. that there is an actual injury to upper and lower extremity apart from your spine AND that it was due to work. It is up to you if you want to fire your attorney. But you will most likely have trouble replacing them at this late hour. You can finish representing yourself if you like. But that is totally your choice. Good luck, Naomi

[@clintbeastwood3311]

So helpful!

[@GonzalezLawEmpower]

Thank you Clint! We always appreciate positive feedback :-)

[@trinepimentel9693]

Thanks a bunch..I will request just that..I work as a mechanic ( heavy equipment) and require 3 gloves because it's in a cooler , and I can't even put one glove on let alone 3 ,I have torn ligaments in my pinky finger..I think qmes are overrated,big time! But,thanks again, I greatly appreciate your time and your channels super informative and well articulated..

[@gmonster467]

Is 45k a good settlement offer to accept after reaching MMI no benefit been paid by insurance I only been receiving EDD disability. for diagnosed Neck-stenosis Shoulder-tendinitis wrists torn ligaments- needed surgery back- bulk disk lumbar. Covid. Is possible it could be permanent

[@GonzalezLawEmpower]

Alas G Monster, You ask an impossible question. If they haven't paid for benefits that means you haven't had enough medical treatment to know what exactly is wrong and how extensive your treatment will be. Therefore it is impossible to tell you if that is a good amount. However, I will say that if you need a disc fusion and ligament repair and it is approved through UR, that alone will probably be over 45K to do. Covid is a big wild card. Most people recover just fine, but if you are a "long hauler" you will most likely need more info before settling. Also, if you have been on EDD, you will need income while you are recovering from your surgeries and you would have already used up that EDD. So you need to account for that as well. Hope this helps, Naomi

[@GonzalezLawEmpower]

But at least you can rate that MMI report to get the PD amount. That will help with the ortho value. But you would need a different specialty for covid.

[@samuelphillips6818]

how do i find out the value of my workers comp cases? my lawyer is keeping me in the dark, but is stating he's going for a global settlement--how can he do this without consenting me on any offers or demands? can you give me a ball park figure of my injuries-- neck injury, lower back injury- bilateral hearing loss w/ hearing aides, full mouth reconstruction w/ bone grafts & implants(20ea.) workers comp doctor has requested( Ant. fusion@c5-c6 for neck) (lumbar fusion @l4,l5,s1 for lower back) (rt. hip surgery)-he has submitted a RFA got the neck surgery approved already, but still treating on my mouth still-should all theses surgery request be in the workers comp doctor's final report that is being submitted to msa for cms to approve? my lawer is stating on that he has to wait on the msa to give me a #. can i just settle on a stip & get paid on the pd side settle my future medical at a later date? i know it's a little late to fire my attorney--but what can i do to speed up this process/ just want out of this system, it's to slow , and denials all thie time, having to wait to get treatments aproved----my goodness- can't somethihg be done about this?

[@GonzalezLawEmpower]

Samuel, If you need an MSA, then your case value will be for Stip your PD value in your final reports. If C&R, it will be roughly the PD value plus the MSA amount. You can settle Stip, and settle future medical later IF both parties want to. But if you settle Stip, then the defense can decide they do not have interest in settling future medical. At that point, there is nothing you can do. No, past RFA will not be in the final reports. BUT the MSA should have looked at those prior reports and RFAs not just the final report. Check out this link for more indepth settlement type comparisons. kzbin.info/www/bejne/bHzOdJ54hqp8j7c Hope this helps, Naomi

[@elisabethvazquez1501]

I need a lawyer around west texas

[@GonzalezLawEmpower]

Elisabeth, Sorry but I don't have a referral in Texas. - Naomi

[@elisabethvazquez1501]

@@GonzalezLawEmpower that’s fine ,thank you

[@boxycharmhoarders9076]

I thought you gwr 3 times the medical in a settlement

[@GonzalezLawEmpower]

Thank you for your comment, I think you might be confusing work comp with personal injury law. Your employer pays for the medical in work comp. - Naomi

[@samuelphillips6818]

Hello again Mrs. Gonzalez- just wondering --do you handle (SIBTF) cases? Subsequent injury benefits trust funds. if you do- i like to retain your services--not gonna let my current lawyer mess me around again- please give me some contact numbers to get things started--thanks

[@GonzalezLawEmpower]

Hello Samuel, We have some SIBTF cases. Are you sure you are a candidate for that? Text "sibtf samuel consult" to 909-266-0003 please.

[@dtaylor224]

Why does child support have to come out of a settlement that reflects the person health in the future? I never could understand how child support should be taken out of medical settlements. I thought child support was a scam compared to what the Supreme Court says about it.

[@GonzalezLawEmpower]

Hi Don, Child support can come out of TTD too if there is an order for it. I think it is a public policy reason to protect the interest of children. But it is political. Outside the scope of work comp. We just deal with the results, not the reason. Take care, Naomi

[@dtaylor224]

@Gonzalez Law Empower - CA Work Comp Attorneys Thank You!