The undersigned attended the Mandatory Settlement Conference at the Stockton Workers’ Compensation Appeals Board on June 14, 2017. The undersigned appeared on behalf of Mr. Rod McClelland. Mr. McClelland had an unavoidable calendar conflict on the day of the hearing; therefore, I appeared on his behalf on a one-time basis. The file will be returned to Mr. McClelland for further handling. If you have any questions or concerns, please do not hesitate to contact myself or Mr. McClelland. Appearances Present at the MSC, in addition to the undersigned, was the applicant’s attorney Mr. John Gonzalez. The applicant was also present. Interpreting services were provided by Ms. Beatriz Obregon, certification number 100612. Judge Terre Sadowski …show more content…
I provided the applicant’s attorney with our string ratings indicating these would be included in the settlement documents. At this time, I also approached the possibility of settling this case pursuant to a compromise and release. As you know, the Stipulations with Request for Award we were ready to accept were for 24% PD paid at a rate of $160.00 per week. The stipulation was for the applicant’s lumbar spine and left knee only. The monetary value of this stipulation would be $15,280.00. I indicated to the applicant’s attorney that I had authority to settle the claim pursuant to a Compromise and Release for $24,000.00. After further discussions, the applicant’s attorney took the Stipulations and indicated he would discuss the Compromise and Release with the applicant. During this break, I had numerous conversations with you regarding the correct PD rate and the general status of the case. Based on our conversations, I believe the $290.00 per week PD rate we have been paying to the applicant is too high. I explained the PD rate is determined by adding all the applicant’s in-season earnings and dividing by 52 weeks. This calculation is different from how temporary disability benefits are calculated. Based on this calculation, we discovered the applicant’s actual PD rate is the minimum of $160.00 per week. Also, during this break, I inquired to see if there was an
The pool cost the petitioner over $19,000, and we cannot accept his contention that such amount was spent primarily for therapy for his leg in view of the limited need for such therapy and the alternatives which were then available.
During the examination, the Plaintiff told him her pain was a three out of ten, with a one being the lowest and ten being the highest. The results of his neurological examination and examination on the Plaintiff’s range of motion was normal. With regard to the Plaintiff’s pre-existing history, the only records he reviewed were those from Dr. Fichtel. He did not review the Plaintiff’s medical records from 2000. He testified that based on his review of an MRI taken prior to the Plaintiff’s 2007 surgery and a CT scan taken one year after the surgery, he only saw a “very mild” progression of her cervical condition at C3-4, C4-5 and
Per our recent discussion, I will object to the panel based on the vague objection language as well as the untimeliness of the objection under Labor Code section 4062. I will also object, contending the specialty of chiropractic is not appropriate to address the medical issues presented in this claim. Per your direction, I will file a Declaration of Readiness to Proceed to an Expedited
Mr. Williams submitted his application for Medicaid benefits on August 5, 2015. The Gulfport Regional Office (RO) forwarded a Disability and Blindness Report to Disability Determination Services (DDS), who has the responsibility of making disability decisions for the Division of Medicaid (DOM), on August 13, 2015. DDS notified the RO on October 16, 2015, that Mr. Williams was not disabled for Medicaid purposes. The RO issued a Notice of Adverse Action on October 23, 2015.
Applicant’s attorney, Mr. Juan Vera, appeared representing the applicant’s interest. Court reporting duties were provided by Ms. Elizabeth Maeyama, License No. 12060. Interpreting services were provided by Ms. Berta ZeFrench, Certification No. 36353581. The deposition started at approximately 2:24 p.m. and lasted until 3:15 p.m. The applicant testified that she arrived at applicant’s attorney’s office at 1:00 p.m. to prepare for her deposition; therefore, I anticipate applicant’s attorney’s office’s §5710 invoice to be for no more than two hours and 15 minutes. I will make a more specific recommendation regarding the yet to
I am pleased to report that we were able to settle your Workers’ Compensation case for the total amount of $135,000.00 which was $5,000.00 more than you authorized me to accept. The net to you per our fee agreement will be $108,000.00 tax free. We will have paperwork for you to sign within the next week or two. After that, we will present the settlement to a Worker’s Compensation Court Judge for approval.
By way of background, Fulton County is responsible for a New York State Workers’ Compensation claim, WCB# 50413999 with a date of accident of 10/01/2003. The case has been established for an injury to the neck by Administrative Decision filed on 12/29/2004. A copy of that decision is attached hereto as exhibit A. The case was later amended to include right carpal tunnel syndrome and
During appeal and investigation, the discovery and confirmation of lack of compensation resulted in Martinez having good cause for quitting his job. His previous employer was ordered to pay back wages. Martinez then challenged the denial of his reemployment compensation claim and the amount of work credits he was entitled to. The denial was overturned after good cause granted, however the additional income was not considered since income is calculated during the calendar quarter it is received and not necessarily when it was earned. Therefore, following the laws governing how reemployment assistance is calculated ruled that Martinez’s benefit amounts could not be adjusted to reflect back pay.
Worker’s Compensation programs first appeared a century ago in the U.S., introduced on a voluntary basis. At a time when few employers provided insurance or benefits for workers injured on the job it provided workers with insurance regardless of negligence at the cost of forfeiting one’s right to sue.
We continue to have a favorable view of the Republic workers’ compensation program administrated by Sedgwick Claim Services (Sedgwick). Sedgwick claims department operates at a slightly higher level than most workers’ compensation claims operations. Our review revealed no deficiencies in either their reserve practices or in the management of their claims. Claim Best Practice Guidelines, Litigation Guidelines along with effective financial controls, assist this claims program to work at an efficient level. Overall, I view the Republic workers’ compensation program administrated by Sedgwick to be better than average with the expectation it will have a positive impact on the overall profitability of our treaties.
"Workers’ Compensation in Texas." Sharmalaw.net: Attorney with Emphasis on Personal Injury, Divorce, Immigration. Bashist M. Sharma, 3 May 2002. Web. 15 Nov. 2015.
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.
The defendant was still unable to afford to pay for living expenses including, car repairs, and credit card debit, so the plaintiff continued to loan the defendant money until April 2015. The total amount accrued by the defendant was a total of $10,375.85
In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.