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Understanding Pre-Existing injuries in Workers’ Comp

Work Comp Talk Podcast

Release Date: 07/01/2022

Ep.124 - The Do's and Don'ts of Working While Injured show art Ep.124 - The Do's and Don'ts of Working While Injured

Work Comp Talk Podcast

In episode 124 of our podcast Work Comp Talk, host Carmen Ramirez sits down with Brendean Luce, Associate Attorney at Pacific Workers, to delve into the complexities of workers' compensation and the rights and responsibilities of injured workers in California. This conversation explores the nuances of working while on workers' comp, the importance of communication with treating doctors, and the implications of temporary and permanent disability. The discussion also highlights the risks of working under the table and the potential legal consequences of not disclosing income from secondary...

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Ep. 123 - California Workers’ Comp Payments show art Ep. 123 - California Workers’ Comp Payments

Work Comp Talk Podcast

In episode #123 of Work Comp Talk, hosts Carmen Ramirez and attorney Bilal Kassem take a deep dive into how workers’ compensation payments function in California. They explore temporary and permanent disability benefits, explain how wage replacement is calculated, and clarify the rules around maximums and minimums.  The hosts also discuss whether workers’ comp payments are taxable, how child support liens may impact settlements, and the differences between compromise & release versus stipulated awards. With their clear and practical approach, provide listeners with...

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Ep. 122 - Workers' Comp Webinar Series Pt. 3, Delays, Denials and FAQ's show art Ep. 122 - Workers' Comp Webinar Series Pt. 3, Delays, Denials and FAQ's

Work Comp Talk Podcast

In Episode 122, we share the final (Part 3) of our special webinar series, where hosts Carmen Ramírez and Pacific Workers co-founder Bilal Kassem close with one of the most frustrating topics for injured workers: delays in treatment, paperwork, and real progress.  We know how hard it is to navigate a system that often feels confusing, slow, and even unfair. That’s why, in this episode you will learn:   What to do when your treatment is delayed by your insurance adjuster  What an RFA  is, and why timing matters  How doctors and medical...

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Ep. 121 - Workers' Comp Webinar Series Pt. 2 show art Ep. 121 - Workers' Comp Webinar Series Pt. 2

Work Comp Talk Podcast

In Episode 121 of Work Comp Talk, the second part of our Special Workers’ Compensation Webinar Series. Carmen and Bilal break down the critical deadlines every injured worker in California needs to know. Missing key timelines can cost you care or benefits. In this episode, we cover the deadlines insurance companies won’t tell you about, and how delays or the wrong doctor can seriously impact your case. We also clear up a major misconception: filing a claim isn’t suing your employer, it’s using the insurance system meant to protect you. Plus, Carmen and Bilal explain how attorney fees...

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Ep. 120 - Workers' Comp Webinar Series Pt. 1 show art Ep. 120 - Workers' Comp Webinar Series Pt. 1

Work Comp Talk Podcast

In Episode #120, host Carmen Ramirez presents Part 1 of our exclusive Workers’ Compensation Webinar Series, held monthly by our sponsor, Pacific Workers. In this live session, Bilal Kassem, co-founder of Pacific Workers, breaks down the most common challenges injured workers face, including claim denials, delayed benefits, and the complexities of navigating the legal process. Learn Bilal's journey from defending insurance companies to representing injured workers, revealing why even the most serious cases are often overlooked, unless you understand the system inside out. This episode is...

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Ep. 119 Win Your Workers’ Comp Appeal with 3 steps show art Ep. 119 Win Your Workers’ Comp Appeal with 3 steps

Work Comp Talk Podcast

In Episode 119 of Work Comp Talk, host Carmen Ramirez walks you through three essential steps every injured worker in California should take to build a stronger case before filing an appeal. From securing a second medical opinion and understanding the QME process, to gathering key witness statements and properly documenting employer or insurance company actions, Carmen shares insider tips learned from years of helping injured workers navigate the system.  By the end of this episode, you’ll know:  How to request a Qualified Medical Evaluator (QME) and why it matters  ...

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Ep. 118 Don’t Get Duped by Fake Law Firms! 5 Tips on How To Spot Fake Law Firms! show art Ep. 118 Don’t Get Duped by Fake Law Firms! 5 Tips on How To Spot Fake Law Firms!

Work Comp Talk Podcast

In episode #118 of Work Comp Talk, host Carmen Ramirez and Eric Farber, CEO of Pacific Workers, expose the rise of fake legal ads targeting injured workers. Learn how lead-gen companies disguise themselves as law firms, what red flags to watch out for, and how to protect yourself when choosing legal help.    Need real help? Call Pacific Workers at (800) 606-6999 for a FREE consultation.    This episode is sponsored by Pacific Workers, Northern California’s Best Lawyers for Injured Workers.    What You’ll Learn in this episode:  The difference...

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Ep. 117 How to Choose the Right Workers' Comp Lawyer show art Ep. 117 How to Choose the Right Workers' Comp Lawyer

Work Comp Talk Podcast

Choosing the right workers’ compensation lawyer could be the most important decision you make after a work-related injury.  In California, not every attorney is equipped to handle the complex, highly specialized world of workers’ comp law and hiring the wrong one can cost you valuable benefits, medical treatment, and time.  In this powerful episode of Work Comp Talk, your host Carmen Ramirez is joined by Eric Farber, CEO of Pacific Workers, the Lawyers for Injured Workers, to break down the six critical qualities to look for in a workers’ comp attorney and the red flags...

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Ep. 116 What is a QME in CA Workers' Comp? show art Ep. 116 What is a QME in CA Workers' Comp?

Work Comp Talk Podcast

If your treating doctor and the insurance company don’t see eye-to-eye on your work injury, a Qualified Medical Exam (QME) could decide your entire case. In this episode of Work Comp Talk, we unpack the QME process with expert insights from Pacific Workers CEO, Eric Farber. Whether you're just starting your California workers’ comp claim or heading into a QME appointment, this episode will prepare you with everything you need to know. 🔍 What you’ll learn: What a QME is and how it differs from your regular doctor How QME doctors are chosen—and why deadlines matter What to say...

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Ep. 115 – What is Maximum Medical Improvement (MMI) in California show art Ep. 115 – What is Maximum Medical Improvement (MMI) in California

Work Comp Talk Podcast

Have you reached Maximum Medical Improvement (MMI) and aren’t sure what it means for your workers’ comp case? In this episode of Work Comp Talk, we’re breaking down this vital phase of the California workers' compensation process, formerly called "Permanent & Stationary" and what it means for your future medical treatment, benefits, and case outcome. 🎙️ Join us as we explain: What MMI status really means Who decides if you’ve reached MMI What happens to your medical care and payments afterward Why this phase can signal the start of settlement conversations What...

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More Episodes

In this episode, Bilal Kassem, President of Pacific Workers’ shares examples of how the CA Workers’ Comp System handles cases with pre-existing injuries. 

Work injuries happen all the time. Some injuries are easy to recover from, but others are difficult especially if you have pre-existing injuries. This is one of those subjects within the workers’ comp system that no injured worker should dive into alone and in fact, Lawyers litigate this type of case often. You see, doctors need to determine the liability a workers’ comp insurance has for any industrial injuries that add to an existing injury. 

Sometimes cases are dismissed due to the pre-existing injury. Doctors may determine that the industrial injury did not contribute to what happened. We highly recommend listening to this podcast and getting legal advice if you have pre-existing injuries and injured yourself again.