Legal Question in Workers Comp in California

harrassment claim vs. company doctor

The "denial" of your claim by a company doctor is almost meaningless under the circumstances. As company doctor, his bias should be evident to anyone. It's only slightly unfair to say that's what they're paying him to say when prospective workers' compensation claims are concerned. First, you have plenty of time to file a workers' compensation claim, if you have suffered mental or physical injury, and it sounds as if you had. You have a year after reporting the injury to your employer to file a claim. Second, you might have an additional claim for serious and willful misconduct under Labor Code 4553 if your employer or a managing representative is responsible in some respect.

Third, and more importantly, you probably have a lawsuit of the kind called a "Tameny action", since sexual harrassment, especially of a minor, is a violation of public policy and can be the basis of a lawsuit that produces sizeable damages. Workers' comp produces only compensation, which is mainly medical bills, a stipend to live on equal to about 2/3 of your regular pay until you recover, andpermanent disability damages if you are permanently disabled.Such "Compensation" would not compare to what youmight recover under a Tameny action or some other civil lawsuit. Civil lawsuits are conducted in the civil courts; workers' compensation is decided (mostly) inspecial workers' compensation "courts".

Finally, if you were a minor molested by a 3l-year-old man, youshould immediately report it to the police, who can file charges that might wind up salting him away in the slammer for a considerable period of time.

Briefly, what the company doctor told you is a lot of balderdash. Go to a good attorney--not necessarily a workers' comp attorney--and tell him your story.He can have you checked out on the alleged multiple personality disorder (which a lot of psychiatrists have serious doubts about even existing) and if your story convinces him and if it is supported by some evidence, your case has prospects for success.(However, I am not guaranteeing anything. Based on nothing more than your brief message, I cannot and do not guarantee anything.)