Legal Question in Workers Comp in California

I got injured at work in 2012, I was getting treated and everything was being paid by my job. Just a month ago the pain came back worse, went to hospital and they told me what I had was due to a pass injury, I might even need back surgery, all this they said was due to a previous back injury. Which the only one I ever had was at work. They are telling me since it's been more them a year the case has been closed and they can't help me. I am from California.


Asked on 8/22/14, 5:07 pm

3 Answers from Attorneys

Ben Glen Law Offices of Ben Glen, PC

You should contact a local workers' compensation attorney immediately.

Unless you signed a written settlement release concluding your case or your case was dismissed by the court, you should still have an open claim. Even if there was a release or a court dismissal, you should contact a workers' compensation attorney, who might be able to re-open the claim. Don't let the insurance company push you around or lie to you--you need to know your rights and a workers' compensation attorney will advise you of these and handle your case, so that you get the compensation you deserve under the law.

With a back injury potentially requiring surgery, you may need and be entitled to major and various benefits.

If you have any difficulty finding one, I would be happy to help you do so.

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Answered on 8/22/14, 6:10 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Your injury is a cumulative trauma type of injury that although it may have happened on a specific day, but due to repetitive nature of your job, your condition has been getting worse. Therefore, you can still reopen your claim and resume your treatment and any aggravation is still a part of your original claim. Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 8/22/14, 6:40 pm
Nancy Wallace Nancy Wallace Atty at Law

The one-year statute (deadline) applies if you just took care of everything by mouth and never put anything in writing. You write your 'job' paid for the treatment; the Comp Insurer should have paid for everything, not your 'job'.

That said, it sounds like you have an accepted claim and just need a petition to reopen for New & Further Disability; that's pretty technical, you'll need a certified specialist in workers compensation if you want it done right by the deadline.

In addition you'll likely be entitled to a Panel Qualified Medical Evaluator on the 2012 claim; sounds like the treater doc just wrote you fully recovered with zero permanent disability and zero need for any future medical, and you can challenge those findings with a QME (it's all paid for by the comp insurance company, don't worry about paying the evaluating doctor). You'll need an attorney familiar with your doctors there to pick a real QME from the list and not Doctor Antichrist.

and Yes, the insurance adjuster can just lie to you, all day long, no penalties, no retribution. That's basically what the insurance companies hire them to do.

I'm at 909-381-2771 and I know the doctors in your area.

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Answered on 8/23/14, 10:51 am


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