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Steven James Foster

Steven James Foster

  • Workers' Compensation, Social Security Disability, Bankruptcy ...
  • California
Claimed Lawyer ProfileQ&ASocial Media

Siles & Foster is devoted exclusively to representing injured and disabled workers with Workers’ Compensation, Social Security Disability and SSI claims. Our Attorneys are certified specialists in Workers’ Compensation. We also represent individuals before the Bankruptcy Court for Chapter 7 Bankruptcy protection.

California St Univ Chico
Undergraduate Degree
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CAL Northern School of Law
Law Degree
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Workers' Compensation in Butte
California State Bar
Professional Associations
California Applicants' Attorneys Association
- Current
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California State Bar  # 191271
- Current
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Jurisdictions Admitted to Practice
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  • Free Consultation
  • Contingent Fees
Practice Areas
    Workers' Compensation
    Social Security Disability
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Legal Answers
Q. In 2020 I made $27,000 less the my annual salary due to furlough and pandemic so when I was injured in 2020 my AWR low
A: Yes, you can litigate the earnings issue before the Workers' Compensation Appeals Board. Usually the insurance company will take your earning for the last 12 months and divide by 52 weeks to come up with your average. This method does not give your true "earnings capacity" at the time of your injury. "Earning capacity," as contemplated by Labor Code, § 4453, subd. (c)(4) relating to computation of average earnings, is the earning capacity of the injured employee at the TIME OF HIS INJURY. Lab Code, § 4453, subd. (c)(4) provides: Where the employment is for less than 30 hours per week, or where for any reason the foregoing methods of arriving at the average weekly earnings cannot reasonably and fairly be applied, the average weekly earnings shall be taken at 100 percent of the sum which reasonably represents the average weekly earning capacity of the injured employee at the time of his or her injury, due consideration being given to his or her actual earnings from all sources and employments. Also, in Goytia v. Workmen's Comp. App. Bd. (1970) 83 Cal. Rptr. 591, 1 Cal.3d 889, 894, the Supreme Court explained: "Earning capacity is not locked into a straitjacket of the actual earnings of the worker at the date of injury; the term contemplates his general over-all capability and productivity; the term envisages a dynamic, not a static, test and cannot be compressed into earnings at a given moment of time.”
Q. Hello, Is there a deadline for submitting mileage paperwork for California Workers Comp case?
A: There is no deadline as long as your case is open. Also, it is easier to get reimbursed for mileage the closer it is submitted to the actual appointment.
Q. Can you sue your employer in addition to workers comp due to gross negligence?
A: If you are injured at work, you are subject to the Exclusive Remedy Rule — a component of workers compensation statutes that bars employees injured on the job from making a tort liability claim against their employers. The benefits provided under workers compensation are the sole remedy available to injured employees. When a worker is injured on the job, he or she can bring a workers' compensation claim. ... However, in some cases, the injured worker can also bring a third-party liability claim. “Third-party liability” refers to bodily injury caused to a person because of a negligent or reckless third party's actions or omissions. You may be able to sue the dog owner or other party if their negligence caused your injury. Good luck.
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Websites & Blogs
Siles & Foster, P.C.
CA State Bar Profile
Contact & Map
Siles & Foster, P.C.
2064 Talbert Dr
Suite 100
Chico, CA 95928
Telephone: (530) 898-9600
Fax: (530) 893-1602