Legal Question in Workers Comp in California

Should a claim have been filed

My wife had a stroke June 30th 2005, the stroke started while she was at her office. She has been in the hospital for several months going through therapy. She is on state disability and has been once her vacation and sick leave were used up. A workers comp claim was never filed to my knowledge, The doctors from Alta Bates Summit said she is permanently disabled and we are now waiting for Social Security to either be approved or not in which case we will appeal.

My question is this, should there have been a workers comp claim submitted because the injury started at work? She did come home at around noon complaining of numbness but 911 was not called until later that night as she has had nerve damage to her arm previously and the Complaint was thought to be that until that night.

I have a friend that works for a doctors office and she said I should contact a lawyer due to it happening at work (stroke was brought on by being diabetic which we did not know until this happened, she smoked at the time and triggered by stress at work).

She was only 49 years old when it happened.

I live in N. Ca. Martinez in Contra Costa County, can you please let me know if this is something I should be pursuing or direct me to someone


Asked on 2/27/06, 6:30 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Should a claim have been filed

Just because a stroke or a heart attack occurred while at work, does not mean that it is work related. An injury must stem from the workplace for there to be an industrial injury.

Here is the landscape of your wife's potential case. Depending on the length of her employment, the type of work and her daily level of stress from her job, her stroke may be work-related. However, since there are other factors like smoking, etc., apportionment will probably apply. �Apportionment� means that the doctors will assign a certain percentage of her injury to her job and the remaining percentage to other factors like smoking, etc.

It would be a very good idea to hire an attorney. Unfortunately I do not service your area, but go to Calbar.org and conduct a search for workers� comp lawyers.

Good luck.

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Answered on 3/10/06, 1:25 am


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