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Nancy J. Wallace
Real Workers Comp Help: Nancy Wallace, Attorney at Law
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Biography
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
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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
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- Defended Travelers, School Districts in Workers' Compensation actions across Calif.
- Attorney
- Mark & Bolson
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- 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.
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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
Legal Answers
300 Questions Answered
- Q. My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?
- A: YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may interview you as well. If that QME determines the death was caused by events Arising Out of Employment and in the Course of Employment (case law says actual employment events are to be a Contributing Cause), then you have another layer of proof: dependency. You would have to show you and/or others are 'dependents' on that workers' salary. You'll want a Workers Comp firm that can show you it has taken these to trial. I'm so sorry for this tremendous loss.
- Q. My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.
- A: YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many times the HR or Payroll person tells the Insurance Adjuster the wrong information, maybe just the hourly wage and the average hours. The code requires that you get a letter explaining how the Temporary Disability Rate was calculated. IF the employer fails to report your Tip Income to the INsurance Adjuster, you need to provide evidence of the Tip Income (copies of W2 are fine) to the adjuster with a written demand for the missing money. Of course if you had a seasoned comp attorney, you wouldn't have to do or worry about that; that is the lawyer's job.
- Q. can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment
- A: The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a physician from the comp insurer's Medical Provider Network -- the MPN -- and your attorney writes to the adjuster and gets the adjuster to approve treatment with this MPN Physician. If the adjuster refuses to OK it's own MPN Physician, the attorney files for an Expedited Hearing and the judge orders the Adjuster to approve the treatment. If the entire claim is denied, the adjuster does not have to approve any treatment; if all responsibility for this claim is denied, you get the QME report and when the QME writes this injury IS work-related, you go to trial and show the QME report to the judge and request that the judge (1) find an Industrial Injury and then (2) order the adjuster to approve the Treating Physician you elected from the MPN.
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