Legal Question in Workers Comp in California

My injury to my knee has been over two years now.I do have an attorney, but have actually spoken to him only three times. I was denied benefits, and was terminated in January 2011.I see the primary doctor once a month , the doctor prescribes me pain meds every month which I can no longer afford to buy. I've fallen down stairs and twice and hurt my other knee/leg. I cry all the time due to the pain i'm suffering. There attorney has sent me to five different doctors. then a week before the Hearing they set up a cross-examination for 2-3 more months down the road. Please tell me. Is there anything I can do?


Asked on 9/06/11, 6:08 pm

2 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

I suggest that you make a face-to-face appointment with your attorney to discuss your concerns and get a better idea of the workers' compensation process. I don't see any red flags within the information you've provided. You may also wish to talk to an employment attorney regarding wrongful termination. If your claim was denied, you are probably eligible for for State Disability Benefits from the Employment Development Department..

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Answered on 9/06/11, 8:14 pm
George Shers Law Offices of Georges H. Shers

Follow Ms. Gude's advice, but it seems very odd that the defense WC carrier would send you to five different physicians if they are disputing injury, as one should be sufficient to rule out a work related injury. Also, they would not be taking the deposition of their own physician so you must have seen at least one Dr. who sided with you. It appears that you may not fully know what is going on in your case.

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Answered on 9/08/11, 8:29 pm


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