Employer Claims Credit For Third Party Recovery Against Workers’ Compensation Benefits
In a recent case the employer and their workers’ compensation insurance carrier argued that they were not required to pay disability benefits or provide medical care because the injured worker had received a monetary settlement in the related third party personal injury case. The employer claimed a credit. In the course of deciding the case... Read More →
My Claim Was Denied Because I Used My Own Vehicle For A Work Errand And Had An Accident!
At the Law Offices of Marc Francis, workers compensation lawyers in Sonoma County, we receive inquiries from injured workers who have had their work injury claims denied because, for example, “My boss told the insurance company I wasn’t supposed to use my own truck for work errands and when I went to pick up supplies... Read More →
I Was Injured On a Business Trip – My Claim Was Denied
Recently an injured worker contacted our workers compensation law office with questions about the insurance carrier’s denial of her injury sustained while on a business trip for her employer. This situation arises from time to time, so this post is intended to provide some insight into the application of what is known under California law... Read More →
The Claims Adjuster Said My Surgery Was Denied by Utilization Review—What Can I do?
The place to start is to contact the Law Offices of Marc Francis, your first call for a work injury lawyer in Sonoma County. Was the Denial Timely? The first inquiry should be whether the utilization review was done by the workers compensation insurance carrier in a timely manner. If the denial determination was not... Read More →
Workplace Injuries Caused by Cumulative Trauma
California workers’ compensation law recognizes two kinds of work injuries: a specific injury occurs at a particular point in time, for example, a worker lifts a heavy box and feels back pain; a cumulative injury occurs as a result of repetitive activity at work such as lifting heavy boxes for days, weeks, months, or years.... Read More →
The Old ‘Normal Bodily Movement’ Defense
Every so often we receive a call here at the Law Offices of Marc Francis, workers compensation lawyers in Santa Rosa, that goes something like this: “I was walking on a jobsite where the ground was wet and soft in places and I felt a ‘snap’ in my knee as my foot sank into the... Read More →
Will COVID19 Vaccination Status Impact My Workers’ Compensation Case?
At the Law Offices of Marc Francis, work injury lawyer in Sonoma County, we often receive inquiries from injured workers who ask whether their vaccination status will impact their work injury case. First and foremost, ask your local healthcare professional if getting a COVID vaccine is right for you. There are at least three areas... Read More →
Can I Change the Treating Doctor in My Work Comp Case?
Injured workers are sometimes not satisfied with the medical treatment they are receiving for their work injury. For a number of reasons, choosing the best treating doctor in your workers’ compensation case is a very important decision. Your treating doctor, known in California workers’ compensation as the Primary Treating Physician (PTP) plays a critical role... Read More →
Can the Insurance Company Spy on Me?
At the Law Offices of Marc Francis, we commonly hear this question from injured workers. The short answer is that it depends on each specific situation. Sometimes an investigator can take videos of your activities and sometimes they cannot. Generally speaking, an insurance investigator can take videos of you in public places or in private... Read More →
My Employer Claims They Have No Workers’ Comp Insurance!
As discussed in a previous post, employers sometimes attempt to prevent injured employees from filing workers’ compensation claims by denying that they have insurance coverage. Since businesses have begun re-opening, we have seen an unfortunate increase in calls from injured workers with questions about how they can secure the workers compensation benefits to which they... Read More →