CERTIFIED SPECIALISTS
IN WORKERS'
COMPENSATION LAW

the state bar of california
board of legal specialization


mcmonagle steinberg & hester

specializing in representing injured workers before the workers compensation appeals board; and social security claimants before the social security administration.

common questions

As certified specialists, our practice is exclusive to workers compensation. Our focus is on results, and we are here to help.

what is an industrial injury?

An industrial injury is any injury or disease which is the result of your work — and causes a need for medical treatment, temporary disability or residual disability. An injury can develop over time and is considered cumulative. An aggravation of a pre-existing condition may also constitute an injury.

what benefits are provided?

The four basic workers' compensation benefits are:
1. Medical treatment;
2. Temporary disability indemnity;
3. Permanent disability indemnity; and
4. Return to work voucher

what do i do first?

If you have sustained an injury on the job, notify your employer, and ask for a claim form - DWC Form 1. Once you have the form, give us a call and we'll walk you through it.

glossary of terms

Medical Benefits:
All medical, chiropractic, surgical and hospital services, including nursing care, medical supplies, and incidental transportation.

TD/TTD: Temporary Disability:
Benefits payable during a temporary inability to work. Payable at two-third's (2/3) wages. Capped at 104 weeks.

PD/PPD: Permanent Disability:
Benefits payable for residual disability/impairment/limitations from the effects of the injury. Nature and extent of benefits depend upon the severity of the condition.

Return to Work Voucher:
Rehabilitation voucher that can be used toward education-related training or skill enhancement.

UR: Utilization Review:
Process by which the Employer can object to proposed treatment recommendations. Determinations are made by non-examining physicians. Employee's appeal rights are limited.

PTP: Primary Treating Physician:
The doctor having overall responsibility for treatment of the work injury. The PTP writes progress reports and makes treatment recommendations.

RFA: Request for Authorization:
A form that the PTP uses to request authorization of treatment from the Employer.

MPN: Medical Provider Network:
A group of physicians set up by the Employer to treat injured workers.

QME: Qualified Medical Examiner:
An evaluating physician

SDI: State Disability Insurance:
Short term disability benefits paid by the Employment Development Department for non-work related injuries/illnesses. Injured workers whose claims are delayed, denied or capped may apply for SDI benefits as well.

SSDI: Social Security Disability Insurance:
Benefits payable by the US Social Security Administration for persons who cannot return to work.

Our Point West Location – Across from Arden Fair Mall

Attorneys pictured left to right: Eric Hester, Mark Steinberg, David Belden, and Brian McMonagle.

summary of benefits

First, be safe! There is no substitute for prevention. your health is your primary concern. benefits typically do Not replace lost wages.

Medical Treatment

All medical, chiropractic, surgical and hospital services, including nursing care, medical supplies, and incidental transportation. Authorization of disputed treatment is subject to Utilization Review/Independent Medical Review.

Temporary Disability Indemnity

Benefits payable during a temporary inability to work. Payable at two-third's (2/3) wages. Capped at 104 weeks.

Permanent Disability Indemnity

Benefits payable for residual disability/impairment/limitations from the effects of the injury. Nature and extent of benefits depend upon the severity of the condition.

Return to Work Voucher

If your injury precludes you from returning to your usual and customary occupation, you may be eligible for a rehabilitation voucher to be used towards education-related training or skill ehnancement.





Other benefits include:

death benefits

Benefits payable to surviving dependents when a work injury results in death. A burial expense is also provided. Benefits limited to those deaths occurring within 240 weeks of the date of injury.

serious or willful misconduct benefits

Increased compensation payable by the Employer directly for reckless and dangerous conduct – or violation of a Cal-Osha Safety Regulation – which causes the injury. A strict one-year statute of limitations applies.

132a Discrimination

Increased compensation payable by the Employer directly for discriminatory acts against an injured worker. A strict one-year statute of limitations applies.

penalties

Where the Employer has unreasonably refused or delayed benefits, increased compensation on the amount delayed can be awarded. The penalty is calculated at between 10% to 25% of the amount delayed – capped at $10,000.


no recovery no fee

Cases resolve in one of three ways:
1. Findings and Award by the WC Judge. If the parties cannot agree on one or more issues, the WCJ determines the issue(s) after an evidentiary hearing – typically with witness testimony. The parties have appeal rights re the WCJ's decision.

2. Stipulated Award between the parties. The parties agree on the period of TD, the nature and extent of PD, and whether future medical care is indicated on an ongoing basis. The claim remains open and medical treatment continues. There is a right to reopen the Stipulations within five (5) years of the date of injury – for new and further disability – or a worsening of the condition.

3. Compromise and Release between the parties. This represents a full and final settlement and the Employer is released from further liability in exchange for a lump sum payment. The claim cannot be reopened after a release; and the right to future medical is released. Usually the toughest choice an injured worker faces is whether to keep or sell the right to future medical treatment.

if you have a prolonged inability to work

1. Check with your employer about possible benefits, such as long-term disability insurance, continuing medical insurance, and the like;

2. Check with the Veterans' Administration if you are a veteran;

3. Check with your insurance agent to see if your policies have a "waiver of premium" provision if you are unable to work;

4. Check with your bank, savings and loan, or credit union to see if you have disability insurance to cover your mortgage payment and/or car payment if you are disabled;

5. Check with your County welfare office for general assistance, Aid For Dependent Children, food stamps, or Medi-Cal; and

6. Apply for Social Security Disability Insurance Benefits (DIB) and/or Supplemental Security Income (SSI) if you are or will be off work for over one year.


the firm

Our duty is to ensure you receive all the benefits and compensation you are due.

brian mcmonagle

Attorney

Working class roots, Scots-Irish heritage, and a healthy sense of social justice informs Brian's commitment to injured workers. Brian graduated from UC Davis with a B.A. in History; and from the University of Oregon School of Law in 1988. Brian is a certified specialist in workers' compensation. His practice is exclusively dedicated to representing injured workers before the California WCAB. Member, California Applicants' Attorneys Association since 1990. Brian's interests include chaos theory, all-things Glasgow Celtic, all-things Oregon Ducks, and the occasional round of golf.

Mark steinberg

Attorney

Mr. Steinberg was born in Canada, and grew up in Sacramento, graduating from Hiram Johnson High School. He graduated from California State University, Sacramento with honors, with a B.S. in Government 1984. He is a 1988 graduate of King Hall, the Law School at University of California, Davis. He is licensed to practice in California and the state of Washington. Past experience includes representing Correctional Officers as a staff counsel for the California Correctional Peace Officers Association. He is a certified specialist in Workers' Compensation. His practice is exclusively dedicated to representing injured workers before the California Workers' Compensation Appeals Board, with a special focus on Law Enforcement. Mr. Steinberg's interests include historical miniature war gaming, reading (military history), and target shooting.

Eric J. hester

Attorney

Mr. Hester graduated from California State University, Sacramento in 1984, with a B.S. in Business Administration and English. He is a 1988 graduate of Boalt Hall, the Law School at University of California, Berkeley. He is a certified specialist in Workers’ Compensation. His practice is exclusively dedicated to representing injured workers before the California Workers’ Compensation Appeals Board. Member, California Applicants' Attorneys Association since 2000. Mr. Hester’s interests include reading (history, fiction), tennis, cycling, trap and skeet-shooting, and Cal football (suffering builds character).

david g.w. belden

Attorney

Mr. Belden graduated from Florida State University in 1973 with a Bachelor's Degree in Education, and from McGeorge School of Law in 1978 with a Juris Doctor Degree. Since 1979 he has dedicated his practice to injured workers and the disabled. Mr. Belden has handled over a thousand Workers' Compensation to completion, and attended to hundreds of Social Security hearings. Certified Specialist in Workers' Compensation Law, 30-year member of the California Applicants' Attorneys Association. Past experience includes sole private practice, Farrell, Fraulob, and Brown in Sacramento 1996-2010, and joined McMonagle, Steinberg, and Hester in 2010. A Sacramentan since 1975, he once saw Led Zeppelin live, has surfed in a hurricane, and has climbed El Capitan.

contact

Our offices are located on Heritage Lane across from arden fair mall. Email or give us a call. an attorney will evaluate your claim.

give us a call. consultations are free.