Joseph Alan Hernández

Joseph A. Hernández is an Applicant's Workers' Compensation. Attorney Mr. Hernández received his Bachelor of Science from the University of California at Berkeley. He subsequently graduated from the University of California School of Law at Davis.

Mr. Hernández has worked for in the Workers' Compensation field for over 35 years. In 1986 he joined Gray & Prouty, a work comp defense firm, handling workers' compensation matters as well as civil defense.

Mr. Hernández now dedicates 100% of his time to helping injured workers with his legal service in the Eureka, Crescent City and Redding, California areas. Mr. Hernández looks forward to the opportunity to help you!

• Free Consultation

California

Since 1984

Founder

Hernandez Law Office Inc.

2020 - Current

University of California - Berkeley

B.S.

University of California, Davis, School of Law

J.D.

California State Bar  # 113388

Member

1984 - Current

Q. Is there a law stating the max attorney fees for workers comp cases in CA? I've read 15% one lawyer is asking 18%

July 20, 2021

A: The fees for a California state bar certified applicant attorneys is across the board- 15%.

This 15% is from the total award offered, agreed upon settlement and signed off by the Judge. There are fees the attorney can file for late payments. For example:

The percentage will increase for monies owed when there are late fees involved. This results in a 10% increase to you under LC 4650 (d) at a 10% fee based on what is owed. Your attorney can request interest for filing. For example: mileage reimbursement.

Besides fees, the overall settlement is only subject to 15%. The only issue included in settlement that is subject to attorney fee percentage change is the 132 (a):

Your attorney should have addressed with you the 132(a) claim at the very beginning of representation. This requests a higher percentage upon award and is derived directly from your employer. This petition deals with discrimination against age, sex, religion, fling a claim, etc.

Otherwise, unless you have a conflict that falls under the 132 (a) claim; your attorney is only entitled to the 15% fee based on the final award. ... Read More

Q. QME FORM

October 19, 2020

A: To Whom it may concern:

I agree with the advice you received and that it is better at this point to fill out the form alone and then seek help on choosing the doctor once a "panel" ( the panel is the document that contains three doctors to choose from) has been issued. The form should allow you to indicate that the "requesting party" is the applicant in pro per. If you have further questions we are in the North State region of California. Hope this answers your question.

Sincerely Joseph A. Hernandez, Esq.

707-476-0950

100 H. Street Suite 208. Eureka, CA 95501

Q. disability lawyer wants to hire me to provide a medical opinion on denied disability cases

October 19, 2020

A: To Whom it May concern:

Whether your license would be at risk is something you would have to talk with your guild about but Nurse Case Managers are often used by the Defense to coordinate the treatment and arrange for diagnostic testing. The nurse case managers are generally not rendering a medical opinion that is left to the Primary Treating Physicians, the Consulting Physicians and the Med-Legal Doctors.

Hope this helps.

Sincerely Joseph A. Hernandez, Esq.

Hernandez Law, Inc

707-476-0950

100 H. Street. Eureka, CA 95501