Legal Question in Workers Comp in California

2011 Had a lawyer but he never help me

hello

got injured working at budweiser was put on desability came back to return to work a couple months later, the day when i wanted to return back to work had a meeting with the plant manager told him that i was clear to return back to work from desibilty... then i felt that he was just giving me the runaround so i ask him 3 times am i being fired he never replied back to me with a yes or no so i got up and left to my truck so he follow screaming at me to return back to talk but at this point i was upset because when i ask him am i being fired he didnt answer me so i left he follow me all the way to my truck. i never got workers comp never got help from the union i was the one that lost.....


Asked on 6/16/14, 7:02 pm

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Please call me at 877-505-injury to set up a free consultation.

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Answered on 6/16/14, 9:53 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 6/16/14, 10:26 pm
Nancy Wallace Nancy Wallace Atty at Law

If you were released to full duty with no restrictions, that typically means the Treating Doctor found zero Permanent Disability, so your workers compensation claim would not result in any permanent disability payments for you (unless and until your attorney disputed that finding of zero Permanent Disability).

If you did not resume work after being released to full duty, your attorney should have put in writing that the employer violated Labor Code Sec. 132a and committed a misdemeanor by punishing you with separation as retaliation for claiming comp benefits.

Have a shouting match with a supervisor and walking off the jobsite would likely be found by most WCAB Judges to be abandoning the job. If I was asked 3 times by a staffer 'am I being fired' I could fire the employer for insubordination on the spot.

If this all took place in 2012, it is too late know to assert any violation of Labor Code 132a -- you said the injury was in 2011 and you recovered in a few months so I presume you presented at work in 2012 to be added to the schedule and march off when you didn't like the supervisor's lack of response. If this is the case, you waited too long to pursue your rights until LC132a...that has to be in a written petition served on the company's official agent for service within one year of the discrimination. Sorry to bear the bad news.

THE GOOD NEWS is it may not be too late to get a second opinion on the permanent disability portion of the claim... you could object to the treating doc's opinion and get a Qualified Medical Evaluator (as the expense of the employer/insurer, not cost to you). You should focus on challenging the treating doc's conclusion and getting your QME opinion very very quickly.

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Answered on 6/17/14, 7:22 pm


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