Pacific Workers' Compensation Law Center July 2019

Pacific Post Injured At Work? A Look Into a Workers’ Compensation Claim July 2019

Here at Pacific Workers’ Compensation Law Center, this is no fairy tale. We strive every day to bring the best legal representation to our clients while giving them peace of mind knowing they have a dedicated team of specialists working to get them the compensation they deserve. Simply put, we are the lawyers for injured workers. Workers’ compensation isn’t a walk in the park for the average person. If you want the right results, it’s important to turn to a specialist who can help you through the difficult process. If you are not familiar with the applications and your rights, it can take up your valuable time and money you need to keep your life’s work afloat. There’s no time to waste when you have everything to lose.

The first thing you need to do when you’re injured at your job is immediately report it to your employer and seek medical attention; the more proof of your injury, the better. If your employer is self-insured, simply file your claim directly with them. It is very important to document the location, contact information of witnesses, employer information, wage information, your doctor’s personal information, and the hospital where you received treatment. All of this will help you in the long run, as your claim will get processed faster than those of people who aren’t so proactive. Workers’ compensation isn’t always an easy road for the injured party. With doctors that misdiagnose injuries, calls that go unanswered, and settlements that barely cover today’s medical bills, it can be easy to get frustrated with the process. Even worse, your claim could be denied! Even if you do get the ball rolling after you file, it’s likely that the claim may not be filed in a timely manner, further delaying the process. That’s why it’s so important to file as soon as you’re injured. The longer you delay, the harder the process becomes. We often see insurance companies dragging their feet on claims and implementing their patented “processing delays.” If that doesn’t deter you, they’re likely to offer you a lower settlement than you deserve. That’s why it’s so important to turn to those who know workers’ compensation, like Pacific Workers’ Compensation Law Center. Our specialized care has led to a 95% success rate in workers’ comp cases. We have over 90 five-star Yelp reviews and received the Oakland Small Business Excellence Award for customer service. Our mission is to help people change their lives, and today, we’re proud to say we do just that. To find out more about what we can do for you, give us a call at 833-722-9675 or visit our website anytime at

“We strive every day to bring the best legal representation to our clients while giving them peace of mind knowing they have a dedicated team of specialists working to get them the compensation they deserve.”

–The Lawyers For Injured Workers

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Finding Out if You Q Workers’ Compensation Wit As workers’ compensation attorneys, we know better than anybody just how flexible California’s worker-friendly laws are. As you can imagine, this is great news for our clients. But what

you may not know is that preexisting injuries can affect your coverage. There are certain key factors in determining if your claim will be influenced by your previous injury. By examining them, you can anticipate whether or not they will play a role in your case. The following set of circumstances can act as general guidelines for whether or not your case is eligible for workers’ compensation. Here are some factors that must be met to be covered: • You have to be directly employed by the company. This does not include general contractors (unless you are an independent contractor).

The GuardianWhoWould Not Leave His Watch

Odin Lives Up to His Legendary Name

Amid the devastation of the wildfires that tore through California in the fall of 2017, a few heroic tales rose up to give people hope. One such tale was of Odin, a loyal Great Pyrenees guard dog. Along with his sister, Tessa, and eight rescue goats, Odin is part of the Hendel family. It was mid-October when the Hendels were awoken by the smell of smoke, a fierce orange sky, and sounds of destruction — urgent warnings from Mother Nature. Gathering everyone as quickly as they could, the Hendels got their human family members and Tessa in the car, but Odin, seated proudly next to the eight goats, refused to get in. Try as they might, the Hendels could not get him to come with them, and there wasn’t enough room in the car for the eight goats. With the firestorm quickly approaching and the risk of losing even more family members increasing with each passing minute, the Hendels made the heart-wrenching decision to leave Odin and the goats behind. The family made it to safety with Tessa in tow, relieved to be together but heartbroken that Odin and the goats weren’t with them. After several agonizing days, it was finally safe enough for them to return home and survey the destruction. What did the Hendels find? Ashes, rubble, their barn and home burned to the ground — and Odin. There he was, still guarding his eight goats and some small deer that had sought shelter with the brave canine. Weakened, burned, and limping, but nevertheless steadfast, Odin had never left his goats, even as the fire raged around them. Odin wagged his tail as he saw his family, happy to see they were also safe. The Sonoma County Wildlife Rescue and the Goatlandia Animal Sanctuary provided temporary shelter for the goats and pups while the Hendels rebuilt their barn. Odin received all the care he needed, along with a lot of love and treats. Today, Odin and his goats are back with their family, rebuilding their lives after this devastating wildfire. But the Hendels, and anyone who’s heard the story, won’t soon forget the bravery of Odin, the amazing pup.

• The injury has to be verified by a medical practitioner who can determine if the injury was caused by your workplace. The injury

Juicy Lucy Sliders

The Juicy Lucy is a burger with cheese hiding in the patty, and it is a staple in Minnesota. We think it should be a Fourth of July favorite nationwide. Ingredients: • 2 lbs. ground chuck beef, 20% lean • 8 slices melting cheese (like American, Swiss, Muenster, or cheddar) • 16 small potato rolls, toasted • Salt and pepper, to taste • Your favorite burger accompaniments Directions: 1. Divide beef into 16 evenly sized balls. 2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.

Inspired by Bon Appétit Magazine

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lify a Preexisting Injury

My Claim Was Denied

Now What?

also has to happen either at work or because of workplace duties. However, the definition of “workplace” is almost anything

work-related. This can mean that you’re equally as covered if you slip on the way to the bathroom as you would be if you get into an accident while you’re running errands for your boss.

It can be the worst feeling in the world: You got hurt at work, made sure to dot the i’s and cross the t’s when you filed your DWC-1 form, then took some much needed time to recover, only to be turned down by the insurance company. Receiving notice that your claim was denied — when your injury happened at work and you know the pain is real — can be frustrating, disheartening, or downright terrifying. Thankfully, this denial letter isn’t the end of the road. Keep Treating Your Injuries Medical bills can be difficult to keep up with without the aid of workers’ compensation, but it’s important that you do everything you can to address your injuries. This means sticking to prescribed medication regimens and going to follow-up visits with doctors and therapists. Failing to do so can hurt you in two ways: Your injury may get worse, and you are giving the insurance agency more ammunition to poke holes in your claim. Who Can You Call? Don’t let a denied claim cast doubt on your injuries. Insurance companies deny valid claims all the time, knowing that most workers won’t fight back. But an experienced California workers’ compensation attorney can guide you through the complex legal process to force the insurers to accept your right to compensation. Workers’ Compensation Appeals Board Qualified Medical Evaluator and Agreed Medical Evaluator The next steps illustrate the need for an experienced lawyer. Depending on the reasons your claim was denied, different legal approaches will be required. If the insurance company disputed some crucial fact to your case, such as whether you’re an employee, you’ll need to have a hearing before the Workers’ Compensation Appeals Board (WCAB). If the cause of your injury is what’s in question, you will need to see a qualified medical evaluator (QME) or an agreed medical evaluator (AME) to evaluate your claim. This is just a brief overview of what is a challenging, but not impossible, process. You don’t have to give up your compensation based on a single denial. Call an attorney and fight for your rights.

You’re not covered if you’re found to have caused the injury to yourself, or you injured

yourself while intoxicated, committing a crime, or in a fight where you were the first aggressor. The good news to all these parameters is that if you’re injured at work and eligible for workers’ comp, your previous injury does not play a factor! We will work hard to provide evidence that the aggravation of your preexisting injury had something to do with the conditions of your workplace and we will do whatever we can to get you access to all the benefits that California Workers’ Compensation has to offer. To find out more about how we can help, visit our website at


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333 Hegenberger Rd., Suite 504 Oakland, CA 94621 510-444-2512

Inside This Issue

A Look Into a Workers’ Compensation Claim

A Tail of Bravery

Will A Previous Injury Bar You FromWorkers’ Comp?

Juicy Lucy Sliders

Hope After a Denied Claim

The Madden Curse

On the Trail of the Madden Curse Truth, Lies, and Superstition

There is no urban legend in the world of modern video games as well-documented as the so-called

the ambivalence of many players, there does seem to be a correlation between the cover and player issues.

“Madden Curse.”The curse revolves around the highly sought-after cover spot of the popular NFL video game “Madden NFL,” formerly known as “John Madden Football.”While the games date back to 1988, the curse is said to originate with the 1999 version. Garrison Hearst, a popular running back at the time, broke his ankle shortly after being featured on the cover of the 1999 edition. This was the first in a long line of injuries and personal issues that resulted in the rumor gaining traction. Soon, the idea that the game’s seemingly innocent cover could have devastating effects on a player’s career was widespread. Once a substantial honor in the world of football, the Madden cover spot has become one of the sport’s most feared superstitions for fans.

Of the 22 players who have been featured on the cover, 16 of them have suffered from significant issues in the season that followed. While the causes varied, with severe injuries, contract disputes, and

personal issues all afflicting different players, something about the spotlight appears to have disturbed the powers that be. In fact, sometimes these issues occur shortly after the game is released in stores.

Whatever the true cause, the curse seems to have taken a dip in recent years. Only one of the last five players has been affected, a stat that bodes well for this year’s star: Kansas City Chiefs quarterback Patrick Mahomes. The real answer probably lies somewhere between fact and fiction. The increased pressure of national attention is bound to make players tense up every once in a while, and in a game as physical as football, any distraction can end in disaster.

The players, however, seem to find the correlation more amusing than scary. Most of the athletes in contention for the spot still consider it to be a great honor, choosing to brush off the rumors as coincidence. Despite

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