Legal Question in Workers Comp in California

if Ihad a workers comp case in appeals court and they ruled in my favor and say the claim was for injuries and work related stress and depression and the peroid was from 5/30/01 to2/9/07 and the case was settled for those datesbut we did not settle the case until 3/30/10. after the case was filed in 2/07but on 3/14/07 I WENT TO MY SUPERVISOR AND IMFORMED HIM OF PROBLEMS i WAS HAVING WITH COWORKERS REGARDING WORK EHTHIC AND PRODUCTION AND THE DEALING WIHT HUMANRESOURCES ABOUT MY COMP CASE AND I took of on work related stress and depression and was under doctors care and received compcards for injury and medicines were never piad for and was not compensated fot the time Iwas off from 3/14/07 to 4/22 10 when Iwas forced to resign because they wouldn,t accomidate me would Ibe able to reopen or appeal my comp case for backpay for the years of 3/14/07 to4/22/10.


Asked on 11/04/10, 11:18 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If I correctly understand your situation, the answer is no. I assume you entered into a compromise and release as opposed to merely a stipulation as to what PD there was. etc. Your time off from 3/07 was either a new injury or from the original cumulative trauma; I suspect it is from the cumulative trauma. If it was a new injury, you must file a claim within one year of the injury or the last date of receiving any WC benefits for that injury. You are saying that they rejected the claim and paid no benefits to you, so more than a year has passed and you aer barred. If the problems are from the original injury, then the settlement should have included it, or you failed to raise it and waived it, or it was just a continuation of inability to do that work with that inability occurring after you had become permanent and stationary and not entitled to further temporary disability payments.

If you previously had an attorney representing you, speak to that attorney. But I would not be hopeful as to what they will say.

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Answered on 11/09/10, 11:40 am


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