Legal Question in Workers Comp in California

I filed a workers comp case against my employer who provisionally denied my case while they are investigating. But after I flied against them, I have since recovered and have no residual injury and have since resigned. So I no longer want to continue my case. Can their be any legal implications against me for ending my case?

Asked on 5/07/12, 4:48 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

If you 'end' the claim with an agreement to 0% Permanent Disability but acknowledge there was the injury requiring treatment, the only 'legal implication' is the Insurance Index record of a work injury.

If you try to withdraw the claim form, you personally need to pay back all the doctors and therapists and testing facilities because they saw you based on your promise you were hurt on the job and pursuing benefits through the Labor Code.

So it's really goofy and a horrible idea to withdraw the claim form.

If you ever request benefits from any insurance company for any purpose in the future (car accident, fall in the grocery store, a new work injury, apply for new health insurance) this claim can be 'discovered' by the insurance company reviewing your past, even if its a 0% permanent disability and you got no settlement money.

You'll just have to do the explaining in future actions that you fully recovered with zero residual disability.

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Answered on 5/09/12, 8:52 am

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