Legal Question in Workers Comp in California
old back inury case denied not getting benefits
I filed a WC claim for a back injury in 1999. I received comp benefits for several months then the money stopped. It has been many years and I haven't received weekly benefit checks. Nevertheless, my medical problems continued so I finally got a WC attorney. Then my attorney sent me to doctors for treatment and evaluation. A referral to a pain control specialist who gave me steroid epidurals resulted in me immediately showing symptoms of diabetes. After which the WC insurance company began denying my claim. They told the rhumetologist to cease to assist me.
In October my attorney said that the opposing WC insurance co. had gotten pictures of me being overly active and he was very angry. I found out this month that the WC insurance company had offered my attorney $20K in October 2005. He turned it down without telling me that there was an offer. Now My attorney is having me revaluated and has led me to believe that we are going to trial. I am tired and want this to end. Help me.
2 Answers from Attorneys
Re: old back inury case denied not getting benefits
The resolution of your case either by trial or settlement depends upon the severity of your disability and your need for future medical care. I would first suggest that you speak with your current workers' compensation attorney to have your concerns addressed or seek the opinion of another attorney.
Out of curiousity, what did the investigator film you doing?
Re: old back inury case denied not getting benefits
Cases are settled on one's level of permanent disability plus future medical care. It would be difficult to tell from your question whether or not a $20,000.00 was a fair offer from the defense. Notwithstanding, I feel that your attorney should have discussed the offer with as well as the pros and cons.
In regards to the video, it really depends on the activity that you were caught doing and whether or not your activity was a violation of a work restriction. Many times the defense exaggerates the findings on the video and many times there is a logical explanation as to why the client was performing a certain activity that violates their restrictions. In addition, the client may have felt sore after doing such an activity.
Without knowing your restrictions and the activity that you were performing on the video, it is difficult to tell you how much the video may have impacted your case.
Please feel free to describe your restrictions and what they caught you doing on tape.
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