Legal Question in Workers Comp in California
Back injury while on duty
I work in a hospital ER. I was initially injured on the job in 2004.At that time Xrays were done (which do not show Disk bulgingor ruptures), some physical therapy and i told the therapist that this was not helping my pain but actually making it worse so i stopped going to therapy and was not contacted by my employee health any further, I filed the proper WC documents at the time. The case was closed by my employer without any contact to me about it. I had to let it go because i cannot afford to be out of work and financially support myself in this state without working. Now in October 2006 i reinjured my back on the job, filed the proper WC documents again, had the ER doctor see me the following day who ordered an MRI which i also had that morning. The MRI showed 3 bulging disks in my lower spine. I was told at the time by my supervisor to wait for employee health to follow up with me for a follow up Doctor appt. 2 weeks had gone by and i heard nothing form them. I took the copies of my WC paper work to them and they told me they never recieved a claim but had recieved my MRI report. They are having me follow up with out PA today. Can they close the case in 2004 without having consulted me and do i need to seek a lawyer at this X
4 Answers from Attorneys
Re: Back injury while on duty
I need to review the documents that you filed for your 2004 injury and 2006 injury. Your employer may not close your case without you knowing about. Your 2004 case is very likely still open and if you have injury in another date and/or another part of your body, you should file a new claim and application. In any regard call us at 213.388.7070 for a free consultation.
Re: Back injury while on duty
You need representation immediately. Call me irectly at 16192223504.
Re: Back injury while on duty
YES you need a lawyer! This is a very compex system unlike any other. Mr Palmer is a State Bar Certified Specialist in Workers' Compensation law. You can contact us by email directly from our website at www.palmer-tran.com or telephone for a free consultation. We have office hours in Los Angeles by appointment only. Our office is in Orange County.
You do need a specialist in WC law to unravel your case due to the prior injury in 2004.
Re: Back injury while on duty
Officially, they cannot close the case until you reach some sort of settlement. However, without a lawyer, most are putty in their employer's hands. Please call me at 818.943.0462 if you have any further questions.
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