Claimed Lawyer ProfileQ&A
I am a Certified Legal specialist in California workers' compensation. I have an office in Point Arena California.
- Workers' Compensation
- Free Consultation
The WCAB does not allow attorneys practicing workers compensation to bill clients directly and all attorney fees must be approved by the court. In sum, the applicant has no exposure to pay attorney fees absent an award from the court.
- Contingent Fees
On occasion I will prosecute a 132a discrimination claim and may request a contingency fee relating to any recovery.
Jurisdictions Admitted to Practice
- 9th Circuit
- English: Spoken, Written
- San Francisco State Unv
- Undergraduate Degree
- William Howard Taft Univ
- Law Degree
- California Applicant Attorney Association
- - Current
- Activities: Case law updates and MCLE
- California State Bar # 206784
- - Current
- Certified Legal Specialist Workers Compensation
- California Board of Legal Specialization
Websites & Blogs
- Law Office of Ronald G. Mahurin
55 Questions Answered
- Q. I have a trial date set & a QME follow up appointment set for months later which my attorney requested.
- A: 1) you should ask your attorney. 2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.
- Q. what is the interest rate on retro TD and PD and does LC5814 apply
- A: Unless you have two different injuries, then there will be no PD paid after 2007 because there is a 104 week limit on TD. After April 19, 2004 you can receive 108 weeks of TD from the date of injury. From 2008 you can receive 104 weeks of TD within five years of the date of injury. A 10% penalty on payments is required to be made by the carrier without request for late payments of TD. On PD you would only be entitled to payments if your rating is high enough to generate payments for 204 weeks of payments. The penalty on PD must be requested and can range from 10-25% of the benefits owed, up to $10,000. PD is only required to be paid if you are not working. Otherwise it is only owed when the case settles.
- Q. Should I subpoena the defense’s witness?
- A: Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not listed and has not been served, then it cannot be used at trial. No, don't subpoena defendant's witnesses. Write a letter requesting a copy of the report. If it is not produced, object to it's use as evidence at trial.
- Q. Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury
- A: No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.
- Q. What type of petition do you need to release funds in at workers comp MSA California? is there a title form number?
- A: You need to review the permanent and stationary report for it will outline exactly what future medical treatment is needed or expected. It is rare that a physician deems that an injured worker is not in need of some type of future medical treatment. However, often the suggested future medical treatment is minimal, which means it is not worth much money I believe you are suggesting a Compromise and Release where the insurance carrier buys out your claim completely. It is common, but the carrier is not required to Compromise and Release your case. The carrier will estimate the cost of future medical treatment and offer you a settlement that includes PD, any unpaid TTD, and future medical treatment, less credit for payments made.
- Q. death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.
- A: clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit. Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness. This includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injures on or after Jan. 1, 2013. If you are not a dependent, you may not be entitled to death benefits if it can be proved that he death was industrial. Labor Code Section 4703 states if there is any person wholly dependent for support upon a deceased employee, that person shall receive a full death benefit.
- Q. Is it common for Defense attorney to list an attorney lien in pre-trial statement?
- A: It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other factors. It is not unusual for an attorney to say no to a client who comes in for an intake interview and starts complaining that the WCJ is a liar and the former attorney was incompetent. The risk of getting a complaint is obviously high and the prior attorney will get paid, so unless the case is a really good one, the odds of finding a new attorney are diminished.
- Q. Where can I find records of a judge’s decisions and when he has worked with previously?
- A: You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes "notes" that are not in your favor, you can address the issues with the trial judge. I strongly suggest you seek representation before trial.
- Q. Im having issuese with pay and placement with the security company called securitas in los angeles
- A: Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
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