Legal Question in Workers Comp in California

I live/work in California. I worked in a 1 person satellite office. In July of 2008 I moved/lifted pieces of equipment and injured my right shoulder. I was put on workers compensation right away. I needed and had surgery for a fully torn rotator-cuff. in Nov 2008 and have had physical therapy for over a year. I still do not have full range of motion and cannot lift weight with that arm over 5 lbs. My work won't take me back till I can return without any limitations. The ins. co. won't authorize any more therapy even though the Dr. prescribes it. The Dr. is now saying he might just end the treatment because of no further improvement and put me down as a permanent partial disability and that will cause my workers comp payments to stop. What should I do now to protect myself both physically and financially? I have not filed a Ca SDI claim yet and know that does not pay as much as I was receiving. Does my employer then consider me retired and pays me something? I only worked there 3 years when this happened. Can I/should I sue? I have no idea what to do next! Please help!


Asked on 12/11/09, 11:56 am

1 Answer from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to file a WCAB Claim and application and proceed to a P & S report that can be rated and get you a settlement. You can receive EDD benefits prior to your P & S. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 12/16/09, 6:10 pm


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