Legal Question in Workers Comp in California

Re: Clearance to work again

Contact the WC insurance carrier for that employer and get them to send a declaration that you were released to return to work wihtout restrictions, they did not pay you any benefits or for any medical treatment or permanent disability after those 4 days. They should also send you a copy of the medical records and any letter they sent you stating that you would not received any further benefits. If the ask why should they do al lof that, point out it is only fair and it will keep the former employer who was and may still be their client out of trouble as his refusal to provide honest information is a tort of intentional infliction of economic advantage.

If you can get the employe who was inbetween these jobs to state you worked without restictions, what type of work you did, and you were never off work for anything except common illnesses but not injuries.

Give the above paperwork to your new employer. Meet with your old employer wtih a copy ofthe paperwork, tell him that there was an error in his record keeping in that you were clearly released, and if he refuses to do anything mention you had asked for help on lawguru and where told that he had committed a civil wrong for which he could be sued and a jury would find against him but his insurance carrier would not represent him because it was an intentional act, so he would have to pay $20-40,000 for his own attorney.