You must file a petition to initiate a case in the Tax Court. You can file a paper petition by mail or in person, or you can file an electronic petition. You can file a paper petition by mail or in person, or you can file an electronic petition through the Court's DAWSON system. The party that files a petition in response to a notice of deficiency, a notice of determination, or a notification of certification from the IRS is called a “petitioner.”.
The Internal Revenue Commissioner is known as the “defendant” in Tax Court cases. Virginia Tax initiates most collection actions through regular mail delivered by the United States Postal Service. However, in some circumstances, we'll call you to resolve an unpaid tax bill. We will first mail the letters to the address we have on file for you.
See taxpayer alerts for more information on how to protect yourself from identity theft and fraud. In addition to the frequently asked questions below, employees can call 1-800-736-7401 during normal business hours to speak with a live representative at the Information Services Center of the Workers' Compensation Division. Employees can call a local office of the state's Workers' Compensation Division (DWC) and talk to the Information and Assistance Unit (I&A) for help during regular business hours, or attend a free seminar for injured workers. Fact sheets and guides on a variety of topics can be found on the Unit I&A website.
Basic Information About Employer Responsibilities About Health Care Temporary Disability Benefits Permanent Disability Benefits Return to Work About Navigating the Worker's Compensation System P. What is Workers' Compensation? An event at work, such as injuring your back in a fall, being burned with a chemical that splashes on your skin, or being injured in a car accident while making deliveries. Repeated exposures at work, such as injuring your wrist from doing the same movement over and over or losing your hearing due to loud and constant noise. How can I avoid being injured at work? Q.
What should I do if I have an injury at work? A. Report the injury to your employer by reporting it to your supervisor right away. If your injury or illness developed over time, report it as soon as you know or believe it was caused by your work. Reporting promptly helps prevent problems and delays in receiving benefits, including the medical care you may need.
If your employer doesn't learn about your injury within 30 days and this prevents you from fully investigating the injury and how you were injured, you could lose your right to receive workers' compensation benefits. Get emergency treatment if you need it. Your employer may tell you where to go for treatment. Tell the healthcare provider treating you that your injury or illness is work-related.
Complete a claim form and give it to your employer. Your employer must deliver or mail you a claim form within one business day after learning of your injury or illness. If your employer doesn't give you the claim form, you can download it from the forms page on the DWC website. Do I have to fill out the claim form (DWC) that my employer gave me? Attend a free seminar for injured workers at a local DWC office to get a full explanation of workers' compensation benefits, your rights and responsibilities.
What resources do I have at my disposal? A. Your local I&A officers are a great resource and their services are free. They are not there to act on your behalf like a lawyer would, but they will help you understand how to act on your own behalf. Attend a free seminar for injured workers at a local DWC district office to get a full explanation of workers' compensation benefits, your rights and responsibilities.
You can also make an appointment with an I&A officer and talk to him privately when it's convenient for you. In addition, there is a lot of information on page I&A of the DWC website. See fact sheets and guides for injured workers. The fact sheets provide answers to frequently asked questions about issues that affect your benefits.
The guides will help you complete any forms you may need to resolve a problem with your claim at the local DWC district office. How can I find out who offers workers' compensation coverage to my employer or other company in California? A. In California, all employers are required to purchase a workers' compensation insurance policy from an insurer authorized to issue policies in California or to self-insure. The DWC does not offer workers' compensation insurance to employers and does not maintain information about employers and their respective insurers.
To find out which insurer offers workers' compensation insurance for a specific employer, visit the California workers' compensation coverage website. The list of self-insured employers can be found on the self-insurance plans website. More information about workers' compensation can be found on the DWC website for injured workers. What happens to the personal information of an injured worker that is requested on several DWC forms? Is it kept confidential? A.
The division uses this information only to manage its functions in workers' compensation claims. For example, if an injured worker provides their Social Security number (in full or in part), the DWC will use it as an identifier to ensure that the documents match the correct workers' compensation case. Unless authorized by law, the DWC cannot disclose the residential addresses of injured workers or their social security number. Please note that some of the information in the case files can be found using the public information case search tool on the DWC website.
What personal information can be found in a public information search? A. The search tool shows limited data about the case, such as the name of the injured worker, the case number, the case status, the location of the court, the name of the employer, a description of the facts of the case, and the associated dates. It can list the parts of the body that were injured, but it doesn't include medical records or any case documents. The information provided in this search tool relates only to cases in the DWC arbitration unit and is intended to help cases go through the court system efficiently.
Any person who requests access to this information must identify themselves, indicate the reason for the request and be instructed not to disclose the information to anyone who does not have the right to do so. Injured workers should know that, once a claim for the award of a claim is filed, information from the case file, including case documents, may be released under the California Public Records Act. Even under these circumstances, the DWC does not disclose the injured worker's address and social security number to the applicant. What are my employer's responsibilities under workers' compensation laws? Q.
Can my employer use part of my paycheck to pay for workers' compensation insurance? A. Workers' compensation insurance is part of the cost of doing business. An employer cannot ask you to help pay the insurance premium. Shouldn't there be a notice at my place of work? Q.
What if my employer doesn't have insurance and I'm injured on the job? If you have a work-related injury or illness and your employer is not insured, your employer is responsible for paying all bills related to your injury or illness. Contact Information Assistance Officer & at your local DWC district office for more information. Workers' compensation benefits are only the exclusive remedy for injuries suffered on the job when your employer is properly insured. If your employer is unlawfully uninsured and you have a work-related injury or illness, you can file a civil action against your employer in addition to filing a workers' compensation claim.
You can also file a request for benefits with the state's Uninsured Employer Benefits Trust Fund (UEBTF). See DWC Fact Sheet F and Guides 16, 16A and 16B for more information on how to file a claim with the UEBTF. What is the Uninsured Employer Benefits Trust Fund? A. The UEBTF is a special unit within the Workers' Compensation Division that can pay benefits to injured workers who are injured or sick while working for an uninsured employer without illegal insurance.
The UEBTF seeks reimbursement of expenses by the responsible employer through all available channels, including the filing of liens against their assets. Where can I report an employer for not having workers' compensation insurance? A. You can report an uninsured employer to the nearest office of the Division of Labor Standards Enforcement. The offices are also listed in the state government section of the white pages of your local phone book in the Labor Relations and Labor Compliance section.
What type of medical care will I receive for my injury? A. Physicians in the California workers' compensation system are required to provide evidence-based medical treatment. That means that they must choose treatments that have been scientifically proven to cure or alleviate work-related injuries and illnesses. These treatments are set out in a set of guidelines that provide details on what treatments are effective for certain injuries, as well as how often the treatment should be administered (frequency), the extent of treatment (intensity) and for how long (duration), among other things.
To meet the requirement for evidence-based medical treatment, the State of California has adopted a Medical Treatment Utilization Program (MTUS). The MTUS includes guidelines on specific body regions adopted from the practical guidelines of the American College of Occupational and Environmental Medicine (ACOEM), as well as guidelines on acupuncture, chronic pain, and treatment after surgery. The DWC has a committee that continuously evaluates new medical evidence on treatments and incorporates that evidence into its guidelines. Do these guidelines apply if my case is already resolved? If your medical treatment has been denied, you can request an expedited hearing before a workers' compensation administrative law judge to resolve the situation.
Contact Information Assistance Officer & at your local DWC district office for assistance. The claims administrator hasn't yet accepted or denied my claim, but I now need medical care for my injury. Are there limits to certain types of treatment? A. If the date of your injury is 2004 or later, you are limited to 24 visits to the chiropractor, 24 physical therapy visits, and 24 occupational therapy visits, unless the claims administrator authorizes additional visits or you have recently undergone surgery and need post-surgical physical therapy.
How long can I continue to receive treatment? A. For as long as medically necessary. However, some treatments are limited by law and the medical treatment you receive must be evidence-based. The MTUS presents treatments that have been scientifically proven to cure or alleviate work-related injuries and illnesses.
It also deals with the frequency and duration of treatment, among other things. If the treatment your doctor wants to provide goes beyond what is recommended by the MTUS, your doctor must use other tests to show that the treatment is necessary and that it will be effective. In addition, your doctor's treatment plan may be reviewed by a third party hired by the claims administrator. This process is called a utilization review (UR).
All claims administrators are required by law to have a UR program. They use the UR to decide whether or not to approve the treatment recommended by their doctor. UR is the program that claims administrators use to make sure that the treatment you receive is medically necessary. All claims administrators are required by law to have a usage review program.
This program will be used to decide whether or not to approve the medical treatment recommended by your doctor. The state has rules about how the UR should be carried out. If you think that the emergency company that is reviewing your doctor's plan isn't following those rules, you can file a complaint with the DWC. More information on the usage review can be found in the fact sheet.
If my doctor's request for treatment isn't approved, what can I do? Q. What if I received treatment and the claims administrator doesn't pay for it? Do I have to pay? A. Most likely, you won't have to pay. This is an issue that your doctor and the claims administrator must resolve.
What is a network of medical providers? A. A medical provider network (MPN) is a group of health care providers created by your employer's insurance company and approved by the managing director of the DWC to treat workers injured on the job. Each MPN includes a combination of doctors who specialize in work-related injuries and doctors with experience in general areas of medicine. If your employer is part of an MPN, the doctors in the network will take care of your workers' compensation medical needs, unless you are eligible to pre-appoint your personal doctor and did so before your injury occurred.
What is a healthcare organization? A. A health care organization (HCO) is an organization certified by the DWC to provide managed care to injured workers. What is a Primary Treatment Physician (PTP)? A. Your primary treating physician (PTP) is the doctor who has overall responsibility for treating your injury or illness.
Generally, your employer selects the PTP you will visit for the first 30 days; however, under certain conditions, you may be treated by your doctor or pre-designated medical group. If a doctor tells you that you still need treatment after 30 days, you may be able to change it to the doctor of your choice. Different rules apply if your employer uses an HCO or a medical provider network (MPN). What does it mean to pre-appoint a personal physician? The DWC has a form for pre-appointing a personal physician on the forms page of its website.
I would like to be treated by my personal chiropractor or acupuncturist. If your employer or your employer's insurance company doesn't have an MPN, you may be able to switch from your treating doctor to your personal chiropractor or acupuncturist after a work-related injury or illness. In order to make this change, you must provide your employer with the name and business address of a personal chiropractor or acupuncturist in writing prior to the injury or illness. There is a form you can use called a personal chiropractor or personal acupuncturist notice.
Once the claims administrator has started your treatment with another doctor during the first 30-day period, you may, upon request, transfer your treatment to your personal chiropractor or acupuncturist. If you were injured in January or later. Once you have received 24 visits to the chiropractor, if you still need medical treatment, you will need to select a new doctor who is not a chiropractor. Does the limit of 24 visits to the chiropractor apply to all cases? Q.
What if I don't agree with the MPN doctor's treatment plan? A. If you don't agree with your MPN doctor about your treatment, you can exchange it for another doctor from the MPN list. You can also request a second and a third opinion from different MPN doctors. If you still don't agree, you can request an IMR to resolve the dispute.
Consult the information about your MPN provided by your employer. What if I don't agree with the MPN doctor's opinion about my ability to return to work, if I have a permanent disability, or if I need medical treatment in the future? A. If you disagree with your MPN doctor on anything other than diagnosis or treatment, you should request a qualified medical examiner (QME). What happens if UR or the claims administrator deny the MPN doctor's request for treatment? Q.
Who decides what kind of work I can do while I recover? You, your treating doctor, your employer, and your lawyer (if you have one) should review your job description and discuss the necessary changes in your job. For example, your employer might give you a reduced work schedule or make you spend less time on certain tasks. If you disagree with your treating doctor, you should immediately write to the claims administrator about the disagreement or you could lose important rights. I don't have a lawyer and I have a disagreement about what my doctor's report says about my injury.
What should I do? If you are represented, your lawyer and the claims administrator can agree to have you examined by a doctor. To receive a list of QMEs to choose from, complete the panel request form (QME 10) and mail it to the DWC Medical Unit. Ask your treating doctor for help if you don't know what type of doctor should examine your injury. Within 20 business days of the request, the DWC Medical Unit will send you and the insurance company a list (also called a panel) of three QMEs.
The QME lists are randomly selected and do not represent your employer or the insurance company. You have 10 days from the date the list was printed and mailed to select a QME from the list, schedule an appointment, and let the insurance company know which doctor you chose and the date of your appointment. If you don't do it within 10 days, the insurance company will have the right to choose the doctor you'll go to and to schedule your appointment. What if the claims administrator sent me a request form from the QME panel? A.
You may need to see a QME if the insurance company doesn't agree with some of your claim. In that case, the insurance company will give you the form to request a QME. When this happens, you have 10 days to request a QME list by submitting the form to the DWC Medical Unit. If you do not send the form within 10 days of receiving it, the insurance company will have the right to request the QME list and to select the type of doctor to go to.
What qualifications do QMEs have? A. The DWC Medical Unit certifies QMEs in different medical specialties. A QME must be a doctor licensed to practice in California. QMEs can be doctors, doctors in osteopathy, chiropractors, psychologists, dentists, optometrists, podiatrists, or acupuncturists.
What is the difference between a QME and an AME? A. If you have an attorney, your lawyer and the claims administrator can agree to appoint a doctor without using the state system to obtain a QME. The doctor they agree with is called the Agreed Medical Evaluator (AME). If they can't agree, they should request a list of QME panels.
I don't understand the QME process. Why do I need to see a QME? The QME report (or AME if you are represented by an attorney) will help determine what benefits you receive. Is there anything I can do if I don't agree with what the QME says? A. Yes, but you have a limited time to decide if you agree with the QME report or if you need more information.
When you receive the report, read it right away and decide if you think it's correct. If not, and you have an attorney, you should talk to him or her about your options. If you don't have a lawyer and you believe that there are factual errors in the QME report, you can request factual correction of the report by making a request within 30 days of receiving the report. The claims administrator can also request the factual correction of the report.
After receiving a request for factual correction of the report, the QME must submit a supplementary report to the DEU and indicate whether factual correction is necessary to ensure the accuracy of the report and, if so, whether the factual corrections change the opinions of the QME set out in the full medical report. You can get more information by contacting the I&A officer at your local DWC district office. If you are a union member, you may be able to go to an ombudsman or mediator under the terms of your collective bargaining agreement or agreement between workers and employers. More information on QMEs and AMEs can be found in the fact sheet.
What are temporary disability benefits? A. Temporary disability (TD) benefits are payments you receive if you lose your wages because your injury prevents you from doing your usual work while you recover. See the DWC fact sheet on TD for more information. Are there different types of TD benefits? A.
There are two types of TD benefits. If you can't work at all while you recover, you get temporary total disability (TTD) benefits. If you can't work full time while you recover, you will receive temporary partial disability benefit (TPD) payments. How much will I receive in TD payments? The minimum and maximum rates are adjusted annually.
What about TTD payments for low-wage workers? A. Any employee with income is entitled to TTD benefits. TTD payments will be paid at the rate of two-thirds of the injured worker's salary at the time of the injury. There are minimum and maximum rates for these benefits.
See the benefit table for current rates. The minimum TTD will continue to be calculated again every January. When does TD start and end? A. You don't pay federal, state, or local income taxes on TD benefits.
In addition, it doesn't pay Social Security, taxes, union dues, or contributions to retirement funds. Can my first temporary disability payment be delayed? A. If the claims administrator can't determine if your injury is covered by workers' compensation, you can delay your first TD payment while you investigate. A delay does not usually exceed 90 days.
If there is a delay, the claims administrator must send you a late letter. You should explain why you won't receive payments, what additional information the claims administrator needs, and when a decision will be made. If there are more delays, the claims administrator must send you additional delay letters. If the claims administrator does not send you a letter denying your request within 90 days of submitting the claim form, your request will be considered accepted in most cases.
Is the claims administrator required to pay a penalty for late payments for temporary disability? A. If you filed the workers' compensation claim form at least 14 days before the payment is due and the claims administrator submits a late payment, you must pay an additional 10 percent of the payment to you in the form of a self-assessment. The claims administrator should keep you up to date by sending you letters explaining how the payments were determined, why TD will be delayed, the reasons why the amounts of TD payments will be changed, and why TD benefits are ending. My temporary disability payments were suspended without explanation.
Talk to your employer or the claims administrator. If this doesn't help, contact your local DWC I&A officer. Find more information about TD in the fact sheet. What are permanent disability benefits? A.
Most workers recover fully from work injuries, but some continue to have medical problems. Permanent disability (PD) is any lasting disability that results in a reduction in earning capacity once maximum medical improvement is achieved. If your injury or illness causes Parkinson's disease, you are entitled to receive benefits for Parkinson's disease, even if you can return to work. If you lose income, PD benefits may not cover all lost income.
If you experience losses unrelated to your ability to work, PD benefits may not cover those losses. See the DWC fact sheet on the EP for more information. A doctor determines if your injury or illness caused Parkinson's disease. After the doctor decides that your injury or illness has stabilized and that there are likely to be no changes, the PE is evaluated.
At that point, your condition has become permanent and stationary (P&S). Your doctor may use the term maximum medical improvement (MMI) instead of P&S. Once you have P&S or have reached the MMI, your doctor will send a report to the claims administrator informing you that you have PE. The doctor also determines if any of your disabilities were caused by something other than your work injury.
For example, a previous injury or other condition. Assigning a percentage of your disability to factors other than your work injury is called apportionment. What about the doctor's report? A. If you were evaluated by a QME, the QME report is sent to the claims administrator and to the Disability Assessment Unit (DEU) of the DWC.
A DEU evaluator will use the QME report and the employee disability questionnaire that you filled out and submitted to the QME at the time of your appointment to calculate your PD score. If you have a lawyer, the qualification can be made by the DEU or a private evaluator. The process used to calculate the grade may vary depending on the date of the injury or other factors. The PD score is used in a formula that determines the benefits you will receive.
You have the right to receive a copy of the QME report, as well as your PTP reports. Read carefully the QME and PTP reports. Make sure they are complete and don't leave out important information. If you believe that there are factual errors in the full QME report, you can request a factual correction of the report, but you must do so within 30 days of receiving the report.
The QME will review the request and issue a supplementary report indicating whether factual correction is necessary to ensure the accuracy of the report and how the changes affect the opinions of the QME. What if I don't agree with the doctor? A. If you or the claims administrator disagree with your doctor's findings, you can go to a doctor called QME. Request a QME list (called a panel) from the DWC Medical Unit.
The claims administrator will send you the forms to request a QME. Your employer will pay the cost of the QME exam. You have 10 days from the date the claims administrator tells you to start the QME process to send your claim form to the DWC Medical Unit. If you don't submit the form within 10 days, the claims administrator will do it for you and choose the type of doctor you will go to.
There are other specific and strict deadlines that you must meet when submitting your QME forms or you will lose important rights. Read guide 2 of the DWC Information and Assistance Unit for more information. When you receive the QME list from the DWC Medical Unit, you will need to select a doctor, schedule an exam, and inform the claims administrator about your appointment. If you don't schedule your appointment within 10 days, the claims administrator can choose the doctor and schedule the appointment for you.
If you have an attorney, he or she can help you choose a QME or you can be evaluated by AME. An AME is the doctor that your lawyer and the claims administrator agree to give you the medical exam. In this case, you should discuss your options with your lawyer. Can I learn more about the PD rating and how it is calculated? A.
After your exam, your doctor will write a medical report about your disability. Disability refers to how the injury affects your ability to perform the normal activities of life. The report includes whether any part of your disability was caused by something other than your work injury. The doctor's report ends with a disability number.
The disability number is then included in a formula to calculate your disability percentage. Disability means the way in which the disability affects your ability to work. Your occupation and age at the time of the injury and your future earning capacity are also included in the calculation. Then, any part of your disability caused by something other than your work injury is deducted from the calculation.
Your disability will then be indicated as a percentage. Your disability percentage equals a specific amount in dollars, depending on the date of your injury and your average weekly wage at the time of injury. A qualification specialist from the DWC DEU Unit can help you calculate your rating. I don't agree with the state disability evaluator's rating.
If you don't have an attorney, you can ask the state DWC to review the qualification. The DWC will determine if errors were made in the medical evaluation process or in the qualification process. This is called a reconsideration of your grade. See the I&A 3 guide for more information.
You can also present your case before a workers' compensation administrative law judge. Contact a state I&A official for assistance. Workers with lawyers cannot request a reconsideration. If you have an attorney, he or she can present your case to a judge.
How much will I be paid for my permanent disability? Q. How and when are PD benefits paid? A. Parkinson's disease benefits are usually paid when TD benefits end and your doctor says you have some permanent effects because of the injury. The claims administrator must begin paying your PD payments within 14 days of the completion of TD.
The claims administrator chooses which day to pay you and will continue to make payments every two weeks until a reasonable estimate of the amount of your disability has been paid. If you haven't missed any work, PD payments are due when the claims administrator learns that the injury has caused a permanent disability. By law, the claims administrator must keep you informed by sending you letters explaining how the amounts of PD payments were determined, when you will receive the PD payments, why PD payments will be delayed, and why PD benefits will not be paid, and why PD benefits will not be paid. Is the claims administrator required to pay a penalty for late PD payments? A.
If the claims administrator sends a late payment, they must pay you an additional 10 percent in the form of a self-assessment. This is true even if there was a reasonable excuse for the delay and even if the claims administrator sends a letter explaining the delay. You could be granted a substantial additional payment if there was no reasonable excuse for the delay. How is my claim ultimately resolved? A.
Once the amount of the pension outstanding in a claim is determined, an agreement or award for benefits is generally reached. This award must be approved by a workers' compensation administrative law judge. If you have a lawyer, your lawyer should help you get this award. If you don't have an attorney, the claims administrator should help you get compensation.
You can also get help from the I&A officer at the local DWC district office. If your doctor said that it might be necessary to continue receiving medical treatment for your injury or illness, the award could provide you with medical care in the future. You can also accept an agreement called a stipule or stipulation. An estip usually includes a sum of money and future medical treatment.
A judge will review the agreement. If you can't reach an agreement with the claims administrator, you can go before a workers' compensation administrative law judge, who will decide your permanent disability compensation. A judge's sentence is called F&A. The F&A generally consists of a sum of money and a provision for the claims administrator to pay for approved future medical treatment.
If you accept a tip or receive an F&A, the amount of your PD benefit will be distributed over a fixed number of weeks. If your case is C&R, you will receive a one-time payment. If you have PTD, you are eligible to receive payments for the rest of your life. In all of these situations, your PD payments are likely to begin before the final decision on the amount of your PD is made.
This is because, once your doctor tells you that you have a permanent disability, the claims administrator will calculate how much you should receive and begin making payments to you before calculating the final percentage of disability. When the actual amount of the PD due has been determined, the amount due above the original estimate will be paid. You can find more information on permanent disability in the fact sheet. The truth is, I just want to get back to work.
How can I make that happen? A. Injured workers who return to work as soon as possible medically do the best. They recover from their injuries faster and suffer fewer wage losses. Your doctor, employer, and claims administrator will influence your decision to return to work.
Communicate with them honestly and frequently for the best results. If your doctor decides that you cannot return to work while you recover from your injuries, you cannot be required to return to work. Sometimes, you can return to work with work restrictions if your employer is willing and able to make accommodations. For example, your employer may change certain parts of your job or provide you with new equipment.
If your doctor tells you that you can return to work with restrictions, but your employer is unwilling or unable to adapt to your injuries, you are not required to return to work. In the meantime, depending on your injuries, you may be eligible to receive TD benefits, supplemental work travel benefits, or PD benefits. How do you determine my ability to return to work? A. Returning to work safely and quickly can help you recover.
It can also help you avoid financial Q. If your treating doctor reports that you can return to work under specific work restrictions, any work that your employer assigns you must comply with these restrictions. Your employer could, for example, change certain tasks or provide you with useful equipment. Or your employer may say that this type of work isn't available.
If so, you cannot be required to work. What if I don't have work restrictions? A. If your treating doctor informs you that you can return to work without restrictions, your employer should generally give you the same job and the same salary as you had before you were injured. The employer may require you to accept the job.
This can happen soon after the injury, or it can happen much later, after your condition has improved. What happens if my employer offers me a job? Q. What happens if my employer doesn't offer me a job? Q. Why does the return-to-work offer affect my PD disability benefits? A.
The state's experience and extensive studies have shown that the longer you stay out of work, the less likely you are to return, and that leads to greater wage loss and a lower quality of life. PD benefits will never make up for the money you lose by not returning to work, so these provisions were established so that you can return to your job as soon as possible from a medical point of view. Of course, for some people this may not be possible. Consult an I&A officer or an advocate of your choice if your situation is complex or if you need to find out what other resources are available to you.
What if the job offered to me by my employer doesn't work? A. Depending on the date of your injury, you may still be entitled to SJDB if the job doesn't last 12 months or if your disability prevents you from performing the tasks involved in the job. If you have questions, talk to your employer or the claims administrator. If that doesn't help, call a state I&A official.
This benefit consists of a voucher that helps pay for educational retraining or skill improvement, or both, in schools approved or accredited by the state. Up to 10 percent of voucher funds can be used for vocational counseling or back to work. The law also states that the employer will not be responsible for providing the SJDB to an employee if, within 30 days after the end of the TD payments, a modified or alternative job offer is made to him and the employee rejects or does not accept the offer in the manner and manner prescribed by the managing director of the DWC. What happens if my employer offers a modified or alternative job and I don't accept it? Can I continue to receive the coupon? A.
The claims administrator must reimburse or make direct payments to the VRTWC and the training provider within 45 calendar days of receiving the full receipt, receipts and documentation. I don't agree with the opinion of my treating doctor about the work I can do. What can I do? For help obtaining a medical evaluation, contact a DWC I&A official. I don't agree with my employer about the job I've been assigned or offered.
If your employer assigns or offers you a job that doesn't meet the work restrictions required by your treating doctor, you don't have to accept it. Contact a DWC I&A officer for more information on how to proceed. It's illegal for an employer to discriminate against you because you applied for workers' compensation benefits or because you have a work-related disability. This is prohibited by section 132a of the California Labor Code, the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
However, the employer is not always required to offer you a job or offer you a job that you want. For example, there may not be any work you can do that meets the doctor's work restrictions. What if I don't have any PD (zero grade) but I still can't go back to work? Q. Can the voucher be redeemed for a cash payment? Q.
The workers' compensation system seems very confusing. Do I need to hire a lawyer? A. That's a question you have to answer for yourself. The vast majority of workers' compensation claims are resolved between injured workers and claims administrators without problems.
You don't need to have an attorney, even if you have a disagreement with the claims administrator. However, if your case is complex, it may be beneficial to have one. Your lawyer cannot charge you directly for your services. Your lawyer's fees will be paid with a portion of your workers' compensation benefits.
If you decide not to hire an attorney, the I&A agent from the local DWC district office can help you with your claim. Even if you decide to hire an attorney, you should inform yourself about your rights and responsibilities, keep in communication with your employer and the claims administrator, and not be afraid to ask them questions. I'm having trouble receiving my benefits. What resources do I have at my disposal? You can also find a lot of information on page I&A on the DWC website.
I am disabled and need help using DWC services. Is there help available? A. If you have a disability and use the services of the Workers' Compensation Division, you may be entitled to a reasonable accommodation. Reasonable accommodation is the assistance provided to people with disabilities to promote equal access and participation in our programs and services.
These services include the Workers' Compensation Appeals Board, the Information and Assistance Unit, the Retraining and Return to Work Unit, and the Disability Assessment Unit. You can learn more about reasonable accommodations, including how to request them, on the accommodations for people with disabilities page. For more information on how to receive an adaptation of the Americans with Disabilities Act (ADA). In addition to workers' compensation benefits, can I get any other financial help? Q.
How can I know what's going on with my case? A. If you have an attorney, he or she should keep you up to date. If you don't have an attorney, contact the I&A officer at the local DWC district office for a status report. The DWC also has a call center through which many calls are sent to local offices.
The call center staff is also fully equipped to inform you about the status of your case. Before you apply, review the basics to make sure you understand what to expect during the application process. In addition, gather the information and documents you'll need to complete an application. Once your petition has been filed, you should send a copy of everything you send to the Tax Court to the lawyer representing the IRS.
The Tax Court will send you information about tax clinics when you file your petition and when a notice of trial is sent to you. A motion is a request filed by one of the parties asking the Tax Court to take some action or asking the Tax Court to order the other party to do something. The Tax Court does not endorse or recommend any particular tax clinic or calendar call program related to the BAR. The Tax Court may waive the filing fee if the petitioner demonstrates, to the satisfaction of the Tax Court, that he cannot pay.
You can hire a lawyer or other person authorized to practice before the Tax Court to represent you before the Tax Court. You should also send to the lawyer representing the IRS a copy of any document you mail to the Tax Court. If you received a notice of determination relating to a request for a joint and several liability exemption (compensation for innocent spouse), or if you filed a claim with the IRS to exempt from joint and several liability, six months have passed and the IRS has not issued a determination letter, check the box labeled Notice of Determination relating to your request for joint and several liability exemption. However, if the Tax Court finally concludes that you owe some amount of tax, or if you settle or accept an amount of tax debt, the law generally states that interest accrues on any unpaid tax from the date it was originally due until it is paid in full.
The Tax Court is a court of public record and the files are generally available for consultation in the Records Section of the Tax Court. These tax clinics and the calendar call programs related to the BAR are not part of the Internal Revenue Service or the Tax Court. There are tax clinics in the United States that participate in the Tax Court's Clinical Program. If you want a different place of trial, you must send a motion to change the place of trial to the Tax Court and send a copy to the IRS lawyer.
There are several tax clinics in the United States that participate in the Tax Court's Clinical Program. If you have a collection case, that is, the IRS has filed a federal tax lien against a property you own or has proposed a tax on your wages, bank accounts, state tax refunds, etc. While you don't need to pay the disputed amount while your case is pending in Tax Court, you can do so if you want to avoid accruing interest on the unpaid tax. .
