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Nancy J. Wallace

Nancy J. Wallace

Real Workers Comp Help: Nancy Wallace, Attorney at Law
  • Workers' Compensation
  • California
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Summary

Nancy has more than 30 years of experience in workers comp in the Inland Empire, starting as a law clerk defending Comp Insurance Companies, watching insurance companies refuse help people seriously hurt at work. In 1994, she left defense to represent only injured workers. Nancy knows what it is to be injured and trying to work and support a family. In the Inland Empire 30 years, Nancy knows which physicians and facilities truly help injured workers (and which ones just give lip service but no help). Nancy answers questions for workers throughout the state on Avvo.com, LawGuru.com, and on her website: www.imhurt.info.

Practice Area
  • Workers' Compensation
Fees
  • Free Consultation
  • Contingent Fees
    YOU don't ever write me a check; the Judge orders the insurer to pay me after I help you get paid on your claim.
  • Rates, Retainers and Additional Information
    Workers Comp fees are just 15%, NOT 40% like personal injury attorneys. NO FEE IS PAID UNTIL YOUR CLAIM CLOSES. [You never pay the fee directly...the insurer pays a part of your award to the attorney, per the judge's order.]
Jurisdictions Admitted to Practice
California
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Federal Circuit
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Languages
  • Spanish: Written
  • Tagalog: Spoken, Written
Professional Experience
Owner
Nancy Wallace, Attorney at Law
- Current
Represented Injured Workers and Physicians and Diagnostic Facilities before the Workers' Compensation Appeals Board.
Judge Pro Tem, Small Claims Court
County of San Bernardino Superior Court
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Small Claims Court matters
Attorney
Kegel Tobin & Truce
-
Defended Travelers, School Districts in Workers' Compensation actions across Calif.
Attorney
Mark & Bolson
-
Workers' Compensation defense for The Hartford, Farmers, County of Riverside, County of San Bernardino, San Bernardino City School District.
Attorney
Parker & Dally
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Workers Compensation Defense PLUS Estate Planning
Education
Western State College of Law at Argosy University
J.D. | Law
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Honors: American Jurisprudence Award, Criminal Procedure; Editor, The Dictum (Student newspaper); Honors Moot Court
Activities: Women's Law Association; Latino Student Bar Assoc.
Western State College of Law at Argosy University Logo
Awards
Three Best Rated San BErnardino Employment Lawyers
ThreeBest
Honored as one of the best 3 Employment Law attorneys in the San Bernardino Valley.
Top Contributor Award
Avvo
Found to be a Top Contributor by peers on Avvo for outstanding answers to Workers Compensation questions
Client's Choice Award
Avvo
Clients' Favorite Workers Compensation attorney for 2012
Professional Associations
San Bernardino County Bar Association
Member
Current
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Lawyers of Distinction
Member
- Current
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Calif. Applicants' Attorneys assoc.
member
- Current
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American Bar Assoc.
Member
- Current
Activities: Law Day
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Speaking Engagements
Workers Comp: Welcome to Outer Space, Law Day, Anaheim
Handel on the Law
A talk on the new regulations for securing medications and treatment under the current workers comp laws, and why adjusters get to deny medication and doctor visits and how to fix that.
Certifications
MEMBER
Lawyers of Distinction
Websites & Blogs
Website
Website
Website
Legal Answers
244 Questions Answered

Q. What is the statue of limitations if i was stabbed on the job 11/7/18.
A: You have ONE YEAR from knowledge of a workplace injury to notify the Employer you seek Workers Compensation benefits. I presume that this 'notification' was done in some form when you went to the hospital for the stab wounds if you directed the hospital to bill the employer for treatment. You are describing a possible 'serious & willful misconduct of Employer' add-on to a workers comp award... THAT definitely has to be put in writing in a petition to the employer withing one year of the incident. BUT DON"T wait any longer. If there are medical problems resulting in any lost time for treatment, medical bills, temporary disability, permanent disability from this incident, a good workers comp attorney can still file the application and presume the employer was on notice of a workplace injury when there was a stabbing of an employee on their premises (presuming your employer knew you were stabbed).
Q. my job has told me I can't leave my house from 8am to 5pm while i am out on workers comp. is that legal????
A: First, it IS 'constitutional' because there is no police power involved. When you go out at 9am, no one can arrest you for that. Second, I have never had this occur in any claim I've had, either on the defense side or the applicant's side, and I've been at this since 1987. Third, is this 'legal'? it isn't 'illegal'. You cant get your supervisor arrested for sending a letter that you must be report to them to go out. IT'S JUST SILLY. There is no regulation requiring any injured worker to report to anyone before leaving for any medical appointment, or any activity. This is just a goofy supervisor attempting to get you frustrated so that you ask your treating physician to write you can return to some modified work. All the days you remain Totally Disabled increases the employer's comp insurance rates, so this company tried a little stunt to try to reduce that some. If you were my client, i would have filed a Petition for Sanctions for Tactics Designed Solely to Harass. While most judges would not award financial penalties against this employer, it would stop the employer from such stunts in the future. HAVE FUN WITH THIS: have the treating physician prescribed Sunlight Home Therapy like folks in Alaska use and D3 supplements because you have been deprived of sunlight because the employer has threatened you and you don't go outside for Vitamin D on your skin and sunlight exposure. Once the adjuster sees she's paying extra because of what the employer wrote, she might shut down this silly supervisor.
Q. if the deposition of a doctor in a work comp case is taken, is the applicant party entitled to a free copy of transcript
A: The Injured Worker's REPRESENTATIVE gets one copy of the transcript. So, if you have an attorney, you get your copy through your lawyer. If you do not have an attorney, the court reporter was to mail your copy of the transcript directly to you, no charge. (and if you have a lawyer, you should be communicating with your lawyer about this, so if you are asking for help here, there is a serious breakdown in communication.)
Q. I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?
A: Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are seeing now sets an appointment during your work schedule TELL THEM 'NO' YOU CANNOT ATTEND at that time, that you cannot afford financial losses to go without income during medical appointments, and you can only attend appointments at times when you are off work.
Q. Where can I find a personal injury lawyer for a work re!ated injury?
A: You may NOT pursue a 'Personal Injury' claim against an employer. The Civil Court judge will dismiss your case, as the Civil Code and the Labor Code make clear the ONLY remedy for an injury on the job is through the Workers Compensation Act of the Labor Code of California. ONLY if the employer steps out of their roll as employer and becomes some other person in the worker's life, like a doctor stops being an employer and becomes a physician instead, can you pursue Civil recovery against one who used to be an employer. If a person or corporation unconnected to the employer caused your injury -- that is, if a car hit you while you were on the road for your employer resulting in injuries -- then you could pursue Civil Tort action against the non-employer who hurt you. IF YOU SETTLED BY Stipulations With Request For Award and it is less than 5 years since the injury date, you may re-open the claim to show 'New AND Further Disability'. But if you signed a Compromise & RElease Agreement, you signed away your rights to reopen.
Q. Is there anything I can still do?
A: All i can tell you is there is a Statute of Limitations requiring you provide notice -- generally written -- to the employer you are claiming a work injury within one year of sustaining this injury. So if there is a old writing in 2016 that you could convince a judge put the employer 'on notice' that you were claiming workers comp benefits, then go ahead and file and get ready to show that writing to a judge at trial when the employer denies the injury.
Q. Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.
A: Maybe that's too long. Your attorney should have provided a crystal-clear explanation as to why the other physicians available were the wrong ones and why waiting 6 months for this one was the best strategy for you. If it's a denied injury and the 'workmans comp' doctor is actually an Agreed Medical Evaluator who is going to find that you did have a work injury, it may be worth the wait... If it's an accepted claim and the attorney is not active on the case and a 'legal assistant' (code for secretary practicing law without a license) only knows the one doctor or is getting a kickback from that doctor, then insist on face time with the attorney to pick a new doctor or get a new attorney.
Q. Can I add my previous work related injury to my other work related injury workers comp case?
A: NO. You don't 'ADD' one injury to a different injury. YOU CAN ADD body parts for one injury date. EACH DATE OF injury gets a separate state case number and is separated (unless and until there is some motion that a judge must hear them together). You write 'i never put in a claim' and a year passed, so you may be too late to pursue the ankle injury, as the Labor Code requires you give clear notice to the employer of any on-the-job injury within one year. I'm confused because this says you went to the ER, which is a hospital emergency room, where it WOULD HAVE been Xrayed, but then you write you went to a clinic and it was never xrayed. IF YOU can prove the employer provided treatment -- if you have writings that the clinic made an examination and ordered the xray -- then the Statute of Limitations isn't a problem. SIGN NOTHING on the back claim because there will be a release of any and all claims, and that would include the old ankle claim. HIRE AN ATTORNEY WHO JUST DOES WORKERS COMP because if you get a 'TV' lawyer where the non-lawyers handle the claims, you'll be disappointed. It sounds like you need a QME for the back because the offer is just based on a clinic hack finding almost no permanent disability on the spine...you need an attorney well-experienced with evaluating physicians in your area.
Q. Can I sue worker compensation for the two years of lost pay, they had me wait before agreeing to pay for the care needed
A: YOU HAVE a Workers Comp attorney, THAT is who should be (1) answering these issues and (2) rushing to an appeal of the denial of the surgery on the other hand. The Termination will probably stop the workers comp judge from awarding you any Temporary Disability prior to the surgery date. If the treating physician wrote you can work but you need restricted duty, the comp insurer does NOT have to pay you any Temporary Disability because you could work at your job had you not been terminated. It was a very unfortunate choice to use your personal physician and let the situation progress to termination before (1) filing a workers comp claim and (2) hiring an attorney, but the damage is done now. ADVISE EVERYONE YOU KNOW: FILE THE CLAIM FORM AND USE WORKERS COMP PHYSICIANS so if the boss fires you for following the workers comp physician orders, you've got a 132a violation and a workers comp judge can order the employer reinstate you. Using personal doctors is wrong because your personal insurance does not cover work injuries so all of the billing will state you told the doctor the problem was NOT work related (or the doctor doesn't get paid).
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Contact & Map
Grand Terrace Professional Plaza
22365 Barton Road Suite 202
Grand Terrace, CA 92313
USA
Telephone: (909) 381-2771
Fax: (909) 381-2791
San Bernardino Mountains
PO Bx 2389
Lake Gregory, CA 92325
USA
Telephone: (909) 381-2771
Fax: (909) 381-2791