Legal Question in Workers Comp in California

I fell 20 ft. at work suffering a right temporal lobe brain injury 8 facial fractures and fractured ribs along with internal injuries.Does labor code 4662 apply to my case here in California?

Asked on 1/25/12, 10:53 am

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

California Labor Code, Section 4662 does apply to workers' compensation claims in California.

It is important for you to know that in addition to your workers' compensation claim, you might have a third party case as well. Given the nature and extent of your very serious injuries, I strongly suggest consulting with an attorney.

You can contact my office at 1.877.505.INJURY (4658), or, google my name, David B. Lupoff to learn more about my services. My website is MY CONSULTATION IS FREE.

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Answered on 1/25/12, 3:02 pm
George Shers Law Offices of Georges H. Shers

Labor Code section 4662 provides:

Any of the following permanent disabilities shall be

conclusively presumed to be total in character:

(a) Loss of both eyes or the sight thereof.

(b) Loss of both hands or the use thereof.

(c) An injury resulting in a practically total paralysis.

(d) An injury to the brain resulting in incurable mental

incapacity or insanity.

In all other cases, permanent total disability shall be determined

in accordance with the fact.

It does not appear that you are 100% disabled. You would need a medical report to say that.

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Answered on 1/25/12, 3:16 pm

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