Steven James Foster

Siles & Foster is devoted exclusively to representing injured and disabled workers with Workers’ Compensation, Social Security Disability and SSI claims. Our Attorneys are certified specialists in Workers’ Compensation. We also represent individuals before the Bankruptcy Court for Chapter 7 Bankruptcy protection.

Workers' Compensation

Social Security Disability

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Personal Injury

Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

• Free Consultation
• Contingent Fees

California

Since 1997

California St Univ Chico

Undergraduate Degree

CAL Northern School of Law

Law Degree

California Applicants' Attorneys Association

2001 - Current

California State Bar  # 191271

Member

1997 - Current

Workers' Compensation in Butte

California State Bar

Q. In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low

June 13, 2022

A: Yes, you can litigate the earnings issue before the Workers' Compensation Appeals Board. Usually the insurance company will take your earning for the last 12 months and divide by 52 weeks to come up with your average. This method does not give your true "earnings capacity" at the time of your injury. "Earning capacity," as contemplated by Labor Code, § 4453, subd. (c)(4) relating to computation of average earnings, is the earning capacity of the injured employee at the TIME OF HIS INJURY. Lab Code, § 4453, subd. (c)(4) provides: Where the employment is for less than 30 hours per week, or where for any reason the foregoing methods of arriving at the average weekly earnings cannot reasonably and fairly be applied, the average weekly earnings shall be taken at 100 percent of the sum which reasonably represents the average weekly earning capacity of the injured employee at the time of his or her injury, due consideration being given to his or her actual earnings from all sources and employments. Also, in Goytia v. Workmen's Comp. App. Bd. (1970) 83 Cal. Rptr. 591, 1 Cal.3d 889, 894, the Supreme Court explained: "Earning capacity is not locked into a straitjacket of the actual earnings of the worker at the date of injury; the term contemplates his general over-all capability and productivity; the term envisages a dynamic, not a static, test and cannot be compressed into earnings at a given moment of time.”

Q. Hello, Is there a deadline for submitting mileage paperwork for California Workers Comp case?

December 10, 2020

A: There is no deadline as long as your case is open. Also, it is easier to get reimbursed for mileage the closer it is submitted to the actual appointment.

Q. Can you sue your employer in addition to workers comp due to gross negligence?

January 31, 2020

A: If you are injured at work, you are subject to the Exclusive Remedy Rule — a component of workers compensation statutes that bars employees injured on the job from making a tort liability claim against their employers. The benefits provided under workers compensation are the sole remedy available to injured employees. When a worker is injured on the job, he or she can bring a workers' compensation claim. ... However, in some cases, the injured worker can also bring a third-party liability claim. “Third-party liability” refers to bodily injury caused to a person because of a negligent or reckless third party's actions or omissions. You may be able to sue the dog owner or other party if their negligence caused your injury. Good luck.