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
61 Questions Answered
- Q. Petition of Joinder
- A: The question cannot be answered because you don't provide enough information to ascertain which insurance company you are referring to. "They" is not informative. If there was more than one insurance carrier during the last year of exposure, then your case will be apportioned between the two. However, it should not change the overall benefits in your case and most often contribution is only addressed after the case has settled. To me it seems odd that it has taken several years for the defendants to add another carrier. You can always elect to proceed against one carrier, but if you make a mistake and pick the wrong one it will cost you. Review your medical file. If you have documentation showing that you have a work injury, then file for a hearing and get finality by forcing one of the carriers to pay benefits. The new carrier is going to complain that further discovery needs to be done. If you are forced to wait, it could add another year to the litigation
- Q. I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?
- A: Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.
- Q. Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.
- A: No it is not common, it is illegal. If you were released to modified work and the employ cannot provide modified work, then you are entitled to TTD. If the employer is refusing to pay because of your work injury, then file a 132a and seek wage loss and penalties for discrimination.
- Q. I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on
- A: Yes, the carrier will be required to pay for medical treatment for any psyche or stress related to your injury, but it will be intensely litigated and will not increase the overall permanent disability in your case if the date of injury is post 2013. Just have your treating physician make a referral and go from there.
- Q. When should you be offered regular part time?
- A: Unfortunately, you have no remedy before the Workers Compensation Appeals Board.
- Q. 911 dispatcher 99-2015. Recently diagnosed w/advanced carpal tunnel. Can I still file under previous employer?
- A: I disagree with the other other attorney on a few issues. In other words, you are in a bad place. If you file a claim there is no chance that your current employer will not be a part of the litigation. Even if the new job is not the predominant cause of your injury, you will need to address apportionment and the symptoms appeared with the new job so any competent defense attorney for the old employer is going to push everything onto the new employer. Labor Code Section 5412 provides that the date of injury is when you knew, or should have known, that your injury was caused by work. If you had no symptoms, or relatively minor infrequent symptoms while working for previous employer, then Labor Code Section 5412 allows you to file a claim. The one year statute does not apply. That is how athletes were able to file claims years after there last day of employment. They claimed, and rightly so, they did not know repeated head trauma was causing injury. The statements about notices are correct. If you gave your previous employer notice of an injury and you were not given a DWC-1 claim form, the statute of limitations is tolled, or if your employer had notice of an injury from any source and did not provide the form, the statute is tolled. I hope this helps.
- 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.
Contact & Map