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Fallguy

Desperately need help

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Payroll guy or Ellemd,

 

    I need help to remove the judge. He is determined to see that I lose my case. He has lied and made up rules during the three hearings. 

    He told me that he didn’t have enough information to award ttd in first hearing. I had a qme exam the following week and he told me if that report says ttd then he can award it at msc. 

   The report says ttd and I brought it to msc but he glanced at it and tossed back towards me? He attempted to set my case for trial and disregard what why he continued the hearing.

     I caused a ruckus and he apologized. He said he had to continue msc because he by law he has to give the defense a chance to bring their evidence to dispute the report. He called it an aoe/coe msc that will determine if the carrier is legally responsible.

     At the third hearing, he told me that he doesn’t make decisions on ttd and only a trial judge can make those decisions. I asked him if the defense can surprise me and try to close medical. He said no because medical is accepted and qme report says it’s arose from the course of employment.

     After we submitted the forms, he changed his mind and said if I lose I trial I will lose medical too. He said he’s going to leave notes not to get into details because it will open the door to bigger things.

     His notes will limit the evidence and questions I have prepared. It seems he has knowledge of my civil case and he wants to close my case so it will close the civil case as well.

      He was successful in closing two cases in the same matter. There is no attorney in town that wants to step on his toes. Both judges and defense attorneys are all alumnus from a very small school and graduated a few years apart.  

     I believe he is retaliating because the first defense attorney was dismissed. 

     Where can I find information on the judge’s prior decisions and if he worked with any of the parties involve.

 

thsnk you and I apologize in advance 

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I don't see a question in your post, so I'm uncertain what the purpose of your post is.

 

Note that neither of the two persons you mentioned are lawyers, so the only "help" they (or anyone else here) can provide is to respond to questions.  If you have concerns about your judge, you need to discuss your concerns with your attorney.

 

5 hours ago, Fallguy said:

Where can I find information on the judge’s prior decisions and if he worked with any of the parties involve.

 

Depending on where your case is pending, there may or may not be resources available for the purpose of researching judges' backgrounds.  Local attorneys will know about this.  Depending on the state where your case is pending, there may be published decisions.  However, in most states, only decisions by the state supreme court and intermediate appellate courts are published.

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51 minutes ago, pg1067 said:

I don't see a question in your post, so I'm uncertain what the purpose of your post is.

 

Note that neither of the two persons you mentioned are lawyers, so the only "help" they (or anyone else here) can provide is to respond to questions.  If you have concerns about your judge, you need to discuss your concerns with your attorney.

 

 

Depending on where your case is pending, there may or may not be resources available for the purpose of researching judges' backgrounds.  Local attorneys will know about this.  Depending on the state where your case is pending, there may be published decisions.  However, in most states, only decisions by the state supreme court and intermediate appellate courts are published.

 

I figured they know about my case to some degree so I thought I might get some Feedback.

 

the Question from all of that should be, what do I need to show in order to get a removal?

 

 There’s no attorney that will touch my case. The wcab is a small circle and no one wants to step on anyone’s toes.the judge has made it personal and he wasn’t trying to hide it either.

 

He’s even got the I&A officer involved. They didn’t want to tell me where I could get those records. I stop because I understand that if they give it to me. That may make their work uncomfortable with the judge. The judge’s office is right next to theirs.

 

 

thanks 

 

 

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2 hours ago, Fallguy said:

the Question from all of that should be, what do I need to show in order to get a removal?

 

2 hours ago, Fallguy said:

I’m in California.

 

It's not clear if you're talking about a Workers' Comp Appeals Board "judge" or an actual superior court judge.  If the latter, the rules regarding disqualification of judges are found in Chapter 3 of Title 2 of Part 1 of the Code of Civil Procedure.

 

 

2 hours ago, Fallguy said:

There’s no attorney that will touch my case. The wcab is a small circle and no one wants to step on anyone’s toes.

 

Sorry, but that's nonsense, and I agree that WC attorneys are a dime a dozen.  If you've got a viable case, you'll have no problem securing an attorney.

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Tgs

1 hour ago, pg1067 said:

 

 

It's not clear if you're talking about a Workers' Comp Appeals Board "judge" or an actual superior court judge.  If the latter, the rules regarding disqualification of judges are found in Chapter 3 of Title 2 of Part 1 of the Code of Civil Procedure.

 

 

 

Sorry, but that's nonsense, and I agree that WC attorneys are a dime a dozen.  If you've got a viable case, you'll have no problem securing an attorney.

 

 

Thanks pg1067

 

there is quite a few here. I’m at the wcab regularly. I’ve met one and the review was not very good. All he did was took the case and settle the nuisance offer and the injured worker never got any treatment.

 

i have two cases. The wc claim is accepted and I just got 4 injections this week. The second qme report is very good. He used exact wordings and it will be difficult for the defense attorneys to throw it out.

    My concern is that the judge moved my hearing into a trial room and brought a court reporter. I ask the judge if the trial will effect the medical and he said the trial will only be on ttd. He said the medical has been accepted so that will not be effected.

      He left us in the trial room and gave the defense 6 hours to list a handful of evidence. When he returned, he made sure the court reporter put in the transcript that I understood if I lose the trial, I will lose the medical. 

       This judge has lied at all three hearings and I don’t trust him. At the expedited hearing, he said the reason I’m not getting ttd was because the first qme report says I’m mmi. I said I’m fine with the mmi date. I told him if I’m mmi and the defense wants to use that report then I’m entitled to the 8 months before that report says mmi.

       He said no because my claim was denied. The defense attorney told him my claim has been accepted a year ago and the reason I’m not receiving benefits was because I was terminated. He told me that being fired does not effect ttd. He said ttd is a medical issue and only a doctor can determine that. 

     I had a qme evaluation the following week so the judge told me he wants to continue it and see what the report says. He told me if that report says I’m ttd then he will make decision at the msc.

     I took the report that says I’m ttd to the msc and handed it to him. He glanced at it and tossed it back. He gave his attention to the defense attorney and told her to fill out the pre-trial form. 

       I was fustrated that he lied to me so I cut them off. He went off and told me to find an attorney. He said he can’t stand injured workers who doesn’t know the law. He sent me out the courtroom but I told the I&A officer I wasn’t leaving until he explains why he lied to me.

       I went back in after  15-20 minutes and he apologized. He said he will have to continue the hearing to what he called an aoe/coe settlement conference. He said by law he has to give the defense a chance to defend the qme report.

     The week before the third hearing, I called to confirm the start time and and I&A told me that the hearing is only to turn in the ore-trial form. I told them that the judge said it was an aoe/coe hearing to see if they are legally responsible to pay ttd benefits. This was another one of his lies.

     At the third hearing, he said that he is only a mediator and only the trial judge can make ttd decisions. I was fine with trial until he said he will note the file so that the trial judge does not discuss anything that can make things complicated. He said he doesn’t want to open the door to bigger issues.

        This would mean that he’s limiting what I can dispute at trial because he knows about the civil case. Why has he lied to me at all three hearings? I’m almost positive he was a defense attorney before he became a judge.

    

      I do not want to hire a new attorney that will just take the nuisances offer. There’s only 3-4 judges at this wcab, I’m sure they all want to stay on his good side.

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3 hours ago, pg1067 said:

 

 

It's not clear if you're talking about a Workers' Comp Appeals Board "judge" or an actual superior court judge.  If the latter, the rules regarding disqualification of judges are found in Chapter 3 of Title 2 of Part 1 of the Code of Civil Procedure.

 

 

 

Sorry, but that's nonsense, and I agree that WC attorneys are a dime a dozen.  If you've got a viable case, you'll have no problem securing an attorney.

 

170. A judge has a duty to decide on any proceedings in which he or she is not disqualified 

 

does this mean he an he could have made decision but choose not to? 

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You are still all over the map and your story doesn't make any sense. Yes, judges, hearing officers, and commissioners tend to be frustrated by pro se litigants as they rarely know what they are doing and often do not understand the process or the scope of the proceedings. The judge shouldn't be the one to tell you what the issues are. You either filed issues in which case you should know what you filed, or the employer/insurer filed issues in which case you should have received a notice of what those issues were. If you don't even know what issues are being adjudicated when you show up, you can't possibly present your case.

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10 minutes ago, ElleMD said:

You are still all over the map and your story doesn't make any sense. Yes, judges, hearing officers, and commissioners tend to be frustrated by pro se litigants as they rarely know what they are doing and often do not understand the process or the scope of the proceedings. The judge shouldn't be the one to tell you what the issues are. You either filed issues in which case you should know what you filed, or the employer/insurer filed issues in which case you should have received a notice of what those issues were. If you don't even know what issues are being adjudicated when you show up, you can't possibly present your case.

 

I filed for the expedited hearing for ttd. I brought all my PR-2 reports from my ptp that says ttd. I also brought my sdi award letter and statements with starting and ending dates.

     The judge made all the arguments for the defense. First, he told me I had to show him a report from any doctor that’s says I’m ttd and it has to have start and end date. I tried to show him but he didn’t want to see my reports. My reports only have date of examination and amount of days ttd.

       He then argued that I was mmi according to the first qme report. That qme retired but I did say that if the defense wanted to use that report then I’m ok with it. So I ask him for the dates before mmi that I didn’t receive any benefits.

      His next argument was that my claim was denied and ttd can only be awarded if I settle. The DA told him that my claim has been accepted a year ago and the reason was because I was terminated for caused. 

     I argued that my last day of work was the day of injury and the cause in question was pre-injury. The judge said that termination does not effect ttd and only a doctor can determine that. He continued the hearing to msc because I had a new qme the following week.

     The report says I’m ttd and I’m not mmi. I took the report to the msc but the judge only glanced at it and gave it back. He was getting ready to set the case to trial but I intervene. 

      The judge was upset that I interrupted him and he told me to go see the I&A. After the chaos, he said by law he has to continue the hearing and give the defense a chance to bring there evidence to dispute the Qme report. He said it would be an aoe/coe hearing.

       At the third hearing, he just told me that everyone explained to me that he is only a mediator and can not make decisions on ttd matter.

      The defense took my pre-trial statement and turned it in with his. He told me the judge fills that part for us. The judge never filled out anything and he never read it. The only note he put in the form is to bifurcate the trial because he did not want it to open the door to bigger things. 

     I was giving a copy a week later but the pre-trail forms are blank except for page 5. The judge never explain the pre-trial forms and he knew i did not turned it in. 

    I have trial in a few weeks. The defense is arguing that I was terminated for cause. The defense list of evidence is the same things I listed except for 1 internal report. The employer is saying that I was terminated because of an ongoing investigation. However, I was in charge of the investigation and it was closed a month prior to my injury. The fraud department assisted me in filing the reports.

      At this point, I want to go to trial so it can be on record. My claim is accepted and I started pain management a few weeks ago. I also got 4 injections that didn’t help much.

      I’m just wondering if I should subpoena their witness so I can ask them questions while they are under oath. I have a hunch they won’t come because they are 3 hour drive from the court. 

       If they don’t come to testify and all they have is an internal report that I’ve never seen or heard of, Will it have any significant impact. They don’t have any legal or medical evidence to support their dispute.

         I have 4 doctors reports, I also have my personnel files that is empty. I have my personnel file from the DA that has two reports from the employer with incorrect dates. The director of HR falsified these and submitted them to EDD. She changed the date of incident to after the injury one one of them. The other one has the date of last violations as the week prior to injury.

 

im sorry for the long reply but I wanted to be as detail as I can.

 

thanks ellemd 

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On 1/23/2019 at 12:06 PM, pg1067 said:

 

 

It's not clear if you're talking about a Workers' Comp Appeals Board "judge" or an actual superior court judge.  If the latter, the rules regarding disqualification of judges are found in Chapter 3 of Title 2 of Part 1 of the Code of Civil Procedure.

 

 

 

Sorry, but that's nonsense, and I agree that WC attorneys are a dime a dozen.  If you've got a viable case, you'll have no problem securing an attorney.

 

Does the trial judge make a decision on the day of the trial? The trial is for ttd benefits so I didn’t know if it’s different from a settlement or award. 

 

The doctor just schedule me for another injection next month. It might be 6-12 months before I get a rating. 

 

 

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It isn't clear from your post you know what TTD is. It's temporary total disability benefits which are indemnity payments made for time you are considered totally unable to work due to the injury. If you don't have wage loss because you aren't working, that changes things. It isn't just pay for being hurt; it is income replacement for wages you would otherwise have received but for the injury rendering you unable to work. Most people don't receive it up to the time they reach Maximum medical improvement (MMI). Just because you aren't at MMI doesn't mean you get TTD. You still have the hurdle to prove that the reason you couldn't work was the injury rendered you totally unable to do so. If you reach a settlement in your case, that is one of many things than can be negotiated in the settlement.

 

Side note- if you applied for and or received unemployment at the time you were terminated, you are going to have extra difficulty claiming you should have received TTD. One requires that you be ready able and available for work, the other requires that be impossible.

 

If you are moving towards settlement, then it is entirely usual and may even be required (it is in most states) to mediate the case before proceeding to trial. Mediators don't rule, they "referee" for lack of a better term.

 

It isn't the judge's job to help you fill out paperwork or explain the judicial process to you. That would be the job of a lawyer you hire to represent you.

 

For the life of me I still can't tell what you are seeking at this point, or where in the adjudication process you are. TTD for some specified period of time? Continued medical treatment? Wrongful termination due to filing a claim? Are you at the hearing phase before the workers' compensation appeals board? District Court? 

 

You seem to take issue with the fact that the "judge" and defense attorneys know one another and don't appear to hate one another. This is incredibly common. No matter the area of law, attorneys who regularly handle those cases are going to know the judges. Work together enough and yes, they do become friendly. This is entirely normal. Presumably if you had a lawyer, that lawyer would also know the judge or hearing officer and hopefully, have some sort of professional rapport with them, even if they aren't golf buddies. In my state several of the attorneys from both sides of the aisle and at least one Commissioner are in a band together. They perform at the annual conference every year. This is a good thing. You want these parties to get along.

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7 minutes ago, ElleMD said:

It isn't clear from your post you know what TTD is. It's temporary total disability benefits which are indemnity payments made for time you are considered totally unable to work due to the injury. If you don't have wage loss because you aren't working, that changes things. It isn't just pay for being hurt; it is income replacement for wages you would otherwise have received but for the injury rendering you unable to work. Most people don't receive it up to the time they reach Maximum medical improvement (MMI). Just because you aren't at MMI doesn't mean you get TTD. You still have the hurdle to prove that the reason you couldn't work was the injury rendered you totally unable to do so. If you reach a settlement in your case, that is one of many things than can be negotiated in the settlement.

 

Side note- if you applied for and or received unemployment at the time you were terminated, you are going to have extra difficulty claiming you should have received TTD. One requires that you be ready able and available for work, the other requires that be impossible.

 

If you are moving towards settlement, then it is entirely usual and may even be required (it is in most states) to mediate the case before proceeding to trial. Mediators don't rule, they "referee" for lack of a better term.

 

It isn't the judge's job to help you fill out paperwork or explain the judicial process to you. That would be the job of a lawyer you hire to represent you.

 

For the life of me I still can't tell what you are seeking at this point, or where in the adjudication process you are. TTD for some specified period of time? Continued medical treatment? Wrongful termination due to filing a claim? Are you at the hearing phase before the workers' compensation appeals board? District Court? 

 

You seem to take issue with the fact that the "judge" and defense attorneys know one another and don't appear to hate one another. This is incredibly common. No matter the area of law, attorneys who regularly handle those cases are going to know the judges. Work together enough and yes, they do become friendly. This is entirely normal. Presumably if you had a lawyer, that lawyer would also know the judge or hearing officer and hopefully, have some sort of professional rapport with them, even if they aren't golf buddies. In my state several of the attorneys from both sides of the aisle and at least one Commissioner are in a band together. They perform at the annual conference every year. This is a good thing. You want these parties to get along.

 

 

I think it’s chapter 5 of the rules and guideline that says if the employer does not offer modified duty then I’m entitled to ttd. 

 

The first doctor that I choose from their mpn list rescheduled my appointment because HR did not forward my information to him. He sent them a regular note to excuse my absence. That note did not have any injury listed and I believe they made their decision base on that note.

 

the Dr examine me the next day and he told me not to go to work unless they have light duty. I emailed and called HR and they told me they will call me back. After two days of no returned calll, I took the note to work but my manager handed me the discharge letter. The reason was for not following the handbook.

 

if I’m not entitled to ttd, why didn’t the judge just say no. He said ttd is a medical issue and only a doctor can determine that. He also said unemployment has nothing to do with his court. That’s a different court and he will not discuss that.

 

their first attorney told me that I am entitled to ttd. She offered 3 weeks of ttd because I received sdi. I asked them to replace the sdi benefits and send me the difference. 

 

The DA must have been fustrated because she told the judge my claim is accepted. She had just told me before we went go see the judge it was denied. My claim was accepted over a year ago. They just never informed me.

 

i called the claims manager and complained so she sent me the accepted letter. The very next day, I received a denial letter for ttd. It just says call the adjuster if I don’t agree.

 

they are now arguing that I was terminated for caused.

 

 

Did I misunderstand chapter 5 in the guide book?

 

 

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You have to have an employer first. The unemployed do not automatically receive TTD by default. IF an IW is employed and if the employer can not accommodate the restrictions and therefore is telling the IW to stay home, then yes, they do get TTD because the employer is treating them as temporarily and totally disabled. You don't have an employer.

 

if I’m not entitled to ttd, why didn’t the judge just say no. He said ttd is a medical issue and only a doctor can determine that. He also said unemployment has nothing to do with his court. That’s a different court and he will not discuss that.

 

1. Not his job to explain what benefits you might or might not be entitled to

2. Because it is a medical issue. A doctor has to either indicate that you are totally incapable of working or that you have restrictions that an employer can not meet.

3. Correct. He won't weigh in on that speeding ticket you got either. Same thing.

 

 

their first attorney told me that I am entitled to ttd. Who is "their"? In what context? At what time? Based on what?

 

She offered 3 weeks of ttd because I received sdi. I asked them to replace the sdi benefits and send me the difference.  TTD and SDI are mutually exclusive. SDI is for non-work related ailments. Straight from the website " You may be eligible for DI if you are unable to work due to non-work-related illness or injury, pregnancy, or childbirth." You can read about they they offset here https://secure.ssa.gov/poms.nsf/lnx/0452120030 .

 

The DA must have been fustrated because she told the judge my claim is accepted. She had just told me before we went go see the judge it was denied. My claim was accepted over a year ago. They just never informed me.

 

i called the claims manager and complained so she sent me the accepted letter. The very next day, I received a denial letter for ttd. It just says call the adjuster if I don’t agree.

 

I'll bet she is frustrated. As I am sure I told you about a dozen or more posts ago, claims are not all or none. The IC can accept that you fell but deny that you need medical treatment, or that you had to be off work.

 

they are now arguing that I was terminated for caused. Who is they? And you were terminated for cause. Your employer told you that when they fired you.

 

 

Did I misunderstand chapter 5 in the guide book?  YES

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23 minutes ago, ElleMD said:

You have to have an employer first. The unemployed do not automatically receive TTD by default. IF an IW is employed and if the employer can not accommodate the restrictions and therefore is telling the IW to stay home, then yes, they do get TTD because the employer is treating them as temporarily and totally disabled. You don't have an employer.

 

if I’m not entitled to ttd, why didn’t the judge just say no. He said ttd is a medical issue and only a doctor can determine that. He also said unemployment has nothing to do with his court. That’s a different court and he will not discuss that.

 

1. Not his job to explain what benefits you might or might not be entitled to

2. Because it is a medical issue. A doctor has to either indicate that you are totally incapable of working or that you have restrictions that an employer can not meet.

3. Correct. He won't weigh in on that speeding ticket you got either. Same thing.

 

 

their first attorney told me that I am entitled to ttd. Who is "their"? In what context? At what time? Based on what?

 

She offered 3 weeks of ttd because I received sdi. I asked them to replace the sdi benefits and send me the difference.  TTD and SDI are mutually exclusive. SDI is for non-work related ailments. Straight from the website " You may be eligible for DI if you are unable to work due to non-work-related illness or injury, pregnancy, or childbirth." You can read about they they offset here https://secure.ssa.gov/poms.nsf/lnx/0452120030 .

 

The DA must have been fustrated because she told the judge my claim is accepted. She had just told me before we went go see the judge it was denied. My claim was accepted over a year ago. They just never informed me.

 

i called the claims manager and complained so she sent me the accepted letter. The very next day, I received a denial letter for ttd. It just says call the adjuster if I don’t agree.

 

I'll bet she is frustrated. As I am sure I told you about a dozen or more posts ago, claims are not all or none. The IC can accept that you fell but deny that you need medical treatment, or that you had to be off work.

 

they are now arguing that I was terminated for caused. Who is they? And you were terminated for cause. Your employer told you that when they fired you.

 

 

Did I misunderstand chapter 5 in the guide book?  YES

 

I was employed. I ask HR if there was any modified work available. The HR rep asked me to forward the note and he will review and call me back. I never heard from him again. I tried to call and email him 2-3 times the next day but he never picked up or replied. The day after that, I took the note to my workplace and my boss handed me the discharges letter. The explanation they gave me was that I did not follow the employee handbook.

 

      It’s been two years and my claim is accepted and I just started pain management. The most recent qme report says that 100% of my injury arose out of the course of employment and % of causation of pre-existing pathology that could have cause or contributed is within reasonable medical probability is 0%.

 

he diagnosed chronic pain, chronic strain. Particular dysfunction, radicular pain, disco pathy, radiculogical confirmed, here, sleep interruption and psychological sequelae.

 

He goes on to list my work restrictions and said should the employer not accommodate them then ttd is reasonable.

 

is this considered substantial medical evidence? The judge told me was just the qme report only supports my medical treatment and the trial is to see if the employer terminated me legally.

 

i reviewed the pre-trial list and the DA only has an internal report that differs from my list that is relevant to their dispute that I was terminated for cause. There’s the video, the first qme report from Doctor who retired.

 

 There is something else that’s unusual. The court reporter told me she would have the transcript ready in a week. It’s been three weeks and now the judge has to proof-read before it can be sent out. I told I&A I would probably never see that transcript until after the trial. Why is it necessary to have a court reporter if the judge has to proofread it. There is no way he will leave anything in there that will come back to him.

 

i applied for ssdi and I’ve had my evaluation last month. I should get a decision this month.

 

this claim has been nothing short of unusual. The transcript will omit my question if the trial will effect my medical. I can almost guarantee that his statement saying I am aware that I can lose everything if I lose the trial for ttd.

 

We can revisit here in two months if I ever see that the transcript. The I&A officer said my case is special so I can’t even buy the transcript if I paid for it. It can only be release after the judge proof reads it. 

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3 hours ago, ElleMD said:

their first attorney told me that I am entitled to ttd. Who is "their"? In what context? At what time? Based on what?

 

The insurance carrier had an attorney at the expedited hearing. She asked if I wanted to settle and I asked her how they determine that offer. She told me that the $10k offer has 3 weeks of ttd, $5000 was for permanent disability and the rest was for future medical.

      I told her no because accepting that offer would leave me -$3,500 because unemployment put a lien on my taxes and I still have to pay the remaining because unemployment charged an overage. Their attorney said I don’t have to pay it back because it works the same as sdi. 

      I told her that I brought my evidence and I wanted to see the judge. She went into the court room 2-3 times and each time she changed the offer a little. The last time she said I can leave the medical open. I still decline because I wanted them to replace the sdi funds so I can use it against.

       The judge also peaked out several times to see if I agreed yet.

 

they are now arguing that I was terminated for caused. Who is they? And you were terminated for cause. Your employer told you that when they fired you.

 

the adjuster  and the defense attorney. 

 

I understand that they terminated me for cause. They told me that when I was terminated. I know I’m an at -will employee so they can terminate me whenever they want.

 

I don’t know if the same rules apply after I was injured at work. If the employer can legally terminate an employee after he/she file a workers comp claim then why even carry work comp insurance. 

 

Why cant they just terminate everyone that was injured on the job and just tell them they violated company rules last month so they were just waiting for the doctors to release so they can fire them? 

 

They initially said the cause was from a month prior and it was an ongoing investigation. Two months after my injury, they submitted documents to the carrier and EDD that the date of incident was after injury. They’re saying I returned to worked then I was fired.

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You cannot be fired BECAUSE you filed a workers comp claim. But filing a workers comp claim doesn't make you bulletproof, either. You can still be fired for anything anything an employee who didn't file a workers comp claim can be fired for. Why should someone who filed a workers  comp claim be able to violate rules, or policy, and keep their job when someone who didn't file a claim gets fired for the same violation?

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I

1 hour ago, cbg said:

You cannot be fired BECAUSE you filed a workers comp claim. But filing a workers comp claim doesn't make you bulletproof, either. You can still be fired for anything anything an employee who didn't file a workers comp claim can be fired for. Why should someone who filed a workers  comp claim be able to violate rules, or policy, and keep their job when someone who didn't file a claim gets fired for the same violation?

 

I went to the ER the same day of my injury. That doctor told put me off work for one week. He told me to see the company doctor before I go to work. The next day I contacted HR and they told me to get with the adjuster to schedule an appointment.

      I picked one of the doctors from the list but he was able to evaluate me because the employer did not send my paperwork to him. He rescheduled me and he sent a note to excuse my absence.

    I recall the director of HR called that afternoon and talked about my production. I told her it’s the first time I ever heard of it and ask her to provide me with a copy of whatever it is she is talking about. She said she will get it and call me back but before she hung up, I ask her if she looked into the complaint I filed 2-3 months ago. She me it doesn’t matter anymore.

    I went back to see the doctor and he told me to stay home if they don’t have light duty. I sent that note to HR but they never replied. I took the note to the office and my boss handed me a discharge letter. He gave me the phone and the director of HR said I didn’t follow the handbook so they terminated me because it was an on going investigation.

           I didn’t know workers comp benefits so I filed unemployment. A few weeks later, the doctor called and told me I can still finish my treatment. I went for 6 weeks until they told me they can’t finish the treatments. Some of the employees and other injured workers pointed me in the right direction.

            It’s been two years and my claim is accepted but I’m going to trial for ttd.

 

 

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On 2/5/2019 at 6:18 AM, PayrollHRGuy said:

No, the judge doesn't always make a decision on the day of the hearing.

 

 

Payrollguy,

 

   Is there anything I can do to file a removal of the judge’s decision to set my case for trial if it’s more than 20 days?

      I was waiting for the transcript so that I can use that as evidence to file the removal. I went to pick up the transcripts a few weeks ago but it wasn’t ready. I also ask for the forms to file a complaint on the judge and I explained that I needed the transcript because the judge made some statements that I believe would harm my case.

    I called last Thursday and they told me the judge is proofreading it. I received the transcript today but it’s past 20 days and the transcript was heavily doctored. He omitted many of his statements during the hearing.

 

 

i just wanted to know if there is another way to remove his decision.

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20 minutes ago, Tax_Counsel said:

 

What do you mean by "remove his decision"? It sounds like he hasn't even issued a ruling yet.

 

Good point. 

 

I don’t mind going to trial but I think he could have made a decision with the evidence that I brought to all three hearings. 

 

I was just concern that he told me at the beginning of the hearing that the trial is only on ttd issue and it will not effect my medical because the qme said my injury arose in the course of employment.

       He changed his mind after the lunch break and said that if I lose at trial, I will lose my medical. I asked him why he told me it wouldn’t in the morning. He changed his statement to it could.

       If I knew what he meant by bifurcate trial then I would feel better about it.

 

     I’m just not comfortable with this judge. First he tells me that ttd is a medical issue and being terminated doesn’t effect ttd. He said only a doctor can decide if I’m ttd.

        He said he can’t award ttd because I was mmi. I told him that I’m ok with being mmi but I should get ttd benefits for the dates before the mmi date. He said no. He said my claim is denied and I can only receive it if I settle. 

    He continued the first hearing because I had a new panel within two weeks. He said if that doctor says I’m ttd then he will award. I said ok your honor. Then he asked for the name of the doctor. I didn’t think that was important for him to know but I guess he was curious.

    That doctor said Im ttd and I brought it to the msc but he never looked at it and set my case for trial.

 

he didn’t rule on anything yet but I’d be more comfortable if I knew what bifurcate means. It feels like the will limit my evidence:

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Bifurcate means split the issues, in this case for trial.  Often it means two trials, or if the ruling goes one way in the first trial, then the second one may not be necessary.
For example in a divorce case, you can bifurcate the trial so that the first trial is on the issue of the end of the marriage, and the second would be to divide the property.

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3 hours ago, doucar said:

Bifurcate means split the issues, in this case for trial.  Often it means two trials, or if the ruling goes one way in the first trial, then the second one may not be necessary.
For example in a divorce case, you can bifurcate the trial so that the first trial is on the issue of the end of the marriage, and the second would be to divide the property.

 

So he wants to delay my case further? I filed for the expedited hearing on ttd issues but there is nothing on record or minutes order that shows that. 

      I will need a miracle now. My trial is 4 hours but I can get that it gets extended to another date that will be 2-4 months. I can’t get an attorney because I’m trying to get the ttd before settlement.

        They will keep delaying until I’m willing to hire an attorney that can take make case off calendar or until I take their nuisance offer. 

 

Thanks you for answering 

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Is it possible to subpoena witness after discovery is closed?

 

the DA listed internal report but did not specify how many pages. There’s statements from co-workers, credit reports, receipts.

 

i didn’t know about these documents but I have witnesses that says the were pressure to write the statements. The director of HR questioned them for hours until someone decided to make something up. There is no evidence to support these statements and some of them have dates after I was no longer employed there. I’m not sure why they didn’t double check the dates before the submitted them. 

 

Those former coworkers might be willing to tell the truth.

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