Legal Question in Workers Comp in California

Back in 2008 I had a fall at work, it was caught on video and two employees came to me after I called for help. I left the company later that year NOT because of the injury but to take care of my Father. Now in 2013 I filed a workers comp. claim in July this year because of neck pain but decided later in Sept., this month, to drop/cancel the claim because I am under alot of stress as it is with my filing of SSDI, my health, and taking care of my Father the best I can. BUT because the papers were already submitted to the courts, workers comp. told me that they have to go through with the claim and investigation before they can cancel it. I found out recently that an accident report was never filed back in 2008. So my two questions are this: 1.DURING THE INVESTIGATION, IF NO ACCIDENT REPORT WAS FILED AND AFTER 5 YEARS THE VIDEO TAPE MAY NO LONGER BE AVAILABLE, AND IF THE WITNESSES DON'T QUITE REMEMBER THE INCIDENT, WHERE DOES THAT LEAVE ME IN THE INVESTIGATION? 2.ALSO, CAN WORKERS COMP STILL PURSUE A CLAIM ONCE A JUDGE DISMISSES IT FROM THE COURTS? If you can, "PLEASE" answer both of my questions for me, I sincerely appreciate it. (I had an x-ray done earlier this year, 2013, and it showed damage to my cervical neck bone.)


Asked on 9/06/13, 11:57 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

'where does that leave me in the investigation'? Sounds like you are left with just your testimony at trial, unless you made written notices to doctors or employer representatives (a resignation letter? a pain diagram or work history in a medical evaluation?) .

"Can Workers Comp still pursue a claim once a judge dismisses it?" Yes; if there are inquiries from Medicare and Social Security requesting payment for medical services Medicare paid on your treatment, the Comp Insurer must investigate to see if they owe Medicare or any doctors / Lien Claimants any money.

JUST BECAUSE a judge wrote that you personally don't want any money doesn't mean that others involved are not demanding money for payments/expenses surrounding the 2008 incident.

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Answered on 9/14/13, 4:11 pm


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