Legal Question in Workers Comp in California

I have a complicated situation -After 19 years of employment, I filed a workers comp claim for Carpal tunnel, neck and back injuries in 2008. The case was settled and I returned to work (after ctr surgery) Since I returned in Oct 2009 -the work flow drastically increased and many lay offs followed along with other unorganized changes further increasing the demands -I began to experience symptoms of anxiety, stress, disorientation, lack of concentration, panic attacks and nausea and exasperated pain in my hand, neck and back. After expressing my concerns and having a breakdown at work (with no intervention from HR or management) I went out on a stress leave and filed another workers comp case ( I have an attorney) I've been out on leave for almost 10 weeks-the QME is scheduled for next week, deposition for tomorrow, If it is proven that my stress was caused from work how is a settlement determined?


Asked on 6/09/10, 11:07 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You need to speak with your attorney; since you are having your deposition taken he/she will be a captive audience and can not escape speaking with you. If you are stil working fo ryour current employer they may not want to make a full, lump sum settlement as yo might file another claim in the future. Most psyche claims are rejected. It is probably much to early in your case to guess at how it will be resolved.

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Answered on 6/09/10, 4:30 pm


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