Legal Question in Workers Comp in California

Hello,

I hurt my shoulder at work 10 months ago. After the 30 day waitperiod I chose my own Dr who actually wanted to do an MRI to see what was wrong. The MRI showed I had a slight tear in my RT shoulder rotators cuff. The Dr said I would need surgery but workman's comp requires PT first. I asked if that would make the tear worse and they said probably not. Dr also put me on work restriction which my company didn't comply with. When it came time for surgery, 80% of my rotators cuff was now torn from bone and instead of 1 week in sling and out of work for a month, it is 6 weeks in a sling and 6 months or more before I can be fully released. Not to mention that the Dr noted that I have over compensated using my left shoulder and there are issues there now too. My question is this:

Being out of work for this long has caused a HUGE financial strain on my wife and 2 children all because workman's comp procrastinated on getting my small tear fixed from the beginning. This doesn't seem fair that I have to go through all of this extra pain, suffering, and stress because of them being negligent. Do I have any legal rights? I am getting workman's comp pay 2/3 of income. I have been told that this is the system and to basically deal with it, but that doesn't seem right.

Thanks

jim


Asked on 7/03/12, 2:43 pm

2 Answers from Attorneys

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Answered on 7/03/12, 2:57 pm
Nancy Wallace Nancy Wallace Atty at Law

Sadly, there is no Pain & Suffering in Workers Comp.

The solution was to choose a physician from the MPN who would take you off work completely and order completely passive therapy, but no use crying over spilt milk.

There is -- again sadly -- nothing in the California Labor Code awarding extra for an injury worsening from poor and inadequate medical treatment.

The only 'penalty' to the insurer is they pay Temporary Disability indemnity longer and possibly additional Permanent Disability Indemnity. Not much of a consolation for you.

The system was never designed to be 'fair'.

The system is designed solely to make you pay state income taxes again. The more you have to struggle on 2/3 of your wage the 'faster' you heal and the faster you return to work to pay income taxes again.

Get used to it... the Obamacare that we'll be saddled with in about 6 years will operate pretty much the same... you'll not get the care you need at the time it will help you.

You should add the other arm to the Employees Claim for Workers Compensation immediately. the adjuster will only acknowledge and will only ok your doctor to evaluate and treat the one shoulder on the first claim form unless and until you send written notice you are claiming the other arm from overuse.

Get that other arm claim in writing with Proof of SErvice and even a green 'delivery confirmation' form to the claims adjuster right away. AND you need your doctor to write in reports about the other arm, not just chat about it with you in the office.

I don't normally take clients in the '930" region but if you need help, email me at [email protected] .

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Answered on 7/03/12, 4:44 pm


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