Legal Question in Workers Comp in California

if a person on workers compensation gets into a car accident is the person still entitled to workers compensation?


Asked on 2/15/16, 12:40 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

If the Treating Physician gets ALL the details of this car accident -- like an actual report on how fast vehicles were traveling and who was taken away by ambulance -- then the treating physician writes that the injured worker was not disabled by the car accident and the WORK INJURY is the cause of the Temporary Total Disability, then yes, that worker should continue to receive Temporary Disability checks from the insurer.

BUT IF the worker doesn't tell the treating doctor about the accident and the treating doctor declares the worker Temporarily Totally Disabled as the result of the work injury without all the facts, the report is inadmissible because it is based on a false history...so the insurer is not obligated to provide temporary disability for findings based on a false history.

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Answered on 2/17/16, 4:20 pm


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