Legal Question in Workers Comp in California

1990 Claim

I was injured at work in 1990, the injury was to my left knee, i underwent arthoscopic surgery. I was given a 5.2% perm, disability rating. I was paid $2310.00 for the perm. dis. I was mailed stipulation award papers, with life time medical. I never signed and returned the papers. Now, over 10 years later, I am experienceing a lot of pain in the knee. I have seen the doctor that gave me the 5.2 rating on Nov 1 2000, he has me on temp, disability again. The insurance co, is paying temp dis, benfits again.Plus medical bills. Is my weekly benefit based on wages in 1990 or are they to be based on my 2000 year wages. Also do i have a right to reopen the case, and try to get a higher perm. dis, rating now. I did not have a lawyer in 1990 and I don't have one now, Thanks


Asked on 1/18/01, 11:08 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 1990 Claim

You would think that you would have learned your lesson ten years ago about trying to represent yourself in a worker's compensation claim. That settlement seems very inadequate. Your current disability for a knee injury is also extremely low. You need to obtain representation so that you may be referred to doctor's who are applicant sympathetic rather than the doctors you insurance company refers you to. There is a name for those doctors in the business, "defense whores." Contanct an attorney immediately to obtain what you are entitled to. You may contact me at (619)_222-3504.

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Answered on 1/26/01, 12:40 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 1990 Claim

You would think that you would have learned your lesson ten years ago about trying to represent yourself in a worker's compensation claim. That settlement seems very inadequate. Your current disability for a knee injury is also extremely low. You need to obtain representation so that you may be referred to doctor's who are applicant sympathetic rather than the doctors you insurance company refers you to. There is a name for those doctors in the business, "defense whores." Contact an attorney immediately to obtain what you are entitled to. You may contact me at (619)_222-3504.

Read more
Answered on 1/26/01, 12:46 pm


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