Legal Question in Workers Comp in California

return of a ganglion cyst (removed once from wc doctor )

in mid 1999 i developed a ganglion cyst on my right wrist (palm side) after several months my employers doctors reffered me to a specialist. the cyst was removed surgically. I was deemed p+s a year later with no impairment. however i still had pain in my wrist and the scar site is still really tender. My employer does not have modified duty so i could not afford not to go back to work. 7 months later the cyst is back and more painful than before. What rights do i have? do i need a lawyer? my employers have since changed insurance companies. who is responsible for benifits? (if any)I never received an evaluaion from a Q.M.E (?) or a rating from anyone . what do i do?


Asked on 2/08/01, 12:35 am

1 Answer from Attorneys

Frank Russo The Russo Law Firm

Re: return of a ganglion cyst (removed once from wc doctor )

My suggestion is that you consult with an attorney.

Having pain in the hand and also tenderness around the scar are both evidence of having some permanent disability. In fact, you could have permanent disability even without having those factors because a doctor might advise you for your own protection and in order to avoid further problems to limit your activities. The fact that you could not return to work because modified duty does not exist is further evidence or indicia of a permanent disability.

If you were not back at work and aggravating the condition, then there is no need to be concerned that the employer has a different insurance carrier now. The old carrier that covered them when you injured yourself is reponsible for your injuries.

An attorney should also ask you why the employer does not have modified work available as they may be required to reasonably accommodate you if that is possible within the confines of what the company's business is.

You may also want to change treating physicians or have him or her educated if that doctor doesn't understand permanent disability or is reporting on your disability as you have indicated.

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Answered on 3/21/01, 12:34 pm


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