Legal Question in Workers Comp in California

Hello, I work for a Cable company. I got injured on the job. Workers Comp has been covering me the entire time (about 14 months) for about 60% of my salary. They are covering treatment, and now are pushing for me to have surgery (elbow injury with prevents me from performing my duties and the company doesn't have any restricted positions). I'm not confident with surgery and honestly a bit leery of it. Do I have to proceed to this next step in order to remain receiving benefits? If I don't want to, can they cease from assistance? I am trying to stay ahead of this because they seem to catch me off guard with their decisions. Thank you.


Asked on 8/23/17, 3:31 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

YOU are NOT required to have surgery. But get set up to have your Temporary Total Disability payments end the day you and the doctor have this conversation; he will write you declined surgery and there is no more active treatment to increase functioning, therefore your healing is at a plateau so you are at Maximum Medical Improvement. MMI, for short.

The day the insurance adjuster gets the doctor's report (of one-page form) that you are at Maximum Medical Improvement, the adjuster (by law) gets to stop Temporary Total Disability. She might start up Permanent Disability payments, but if she isn't advised there is measurable permanent disability, she might wait for the full report...at which time you will apply for unemployment insurance with the www.edd.ca.gov . So: get an EDD account ready, look over all the questions you will have to answer to apply for Unemployment Insurance, then tell the doctor you choose not to proceed with surgery, and get ready for the last TTD check and for your application for Unemployment benefits.

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Answered on 8/25/17, 7:15 pm


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