Legal Question in Workers Comp in California

You need to immediately file a worker's compensation application and claim to receive benefits such as pais ongoing treatment, temporary disability benefits, a settlement for permanent disability and future medical treatment. Feel free to call us at 213.388.7070 for a free consultation.

If you resolved the old claim with a Compromise & Release Agreement, that old claim is closed.

If you resolved the old claim with Stipulations With Request For Award, you need to (1) return to a treating comp physician (if possible) with the MRI results for a medical report documenting the disability has worsened and (2) petition to re-open for new & further disaiblity attaching this medical report.

If you never resolved the old claim, it's time to prepare and file an Application for Adjudication of Claim ASAP...this needs to be on file at the local WCAB office within 5 years of the injury.

The proof of new & further disability must also be served and filed within 5 years of the original injury.

If you can't get a medical provider network physician to see you for a comp report, you'll need to find a doc outside the MPN who knows all the comp rules and knows how to write a report that a WCAB Judge can use... something your private doc just cannot.

A CERTIFIED SPECIALIST ATTORNEY costs exactly the same as a non-specialist but passed an extra bar exam just in comp then completes ongoing education in comp every year... and there's no money out-of-pocket, the attorney gets the fee awarded at the close of the claim from the final award (and its just 15%, not 33%).

GO TALK TO A CERTIFIED SPECIALIST IN COMP ASAP.

you can find certified specialists at www.calbar.org ... i'll try poppin the link to Salinas specialists here: http://members.calbar.ca.gov/search/ls_results.aspx?county=Monterey&specialty=02

whatever you do, DON"T accept one of those 'drive by' firms that sends a capper to the door who insists you sign blank forms and you never meet the lawyer... a recipe for disaster.