Legal Question in Workers Comp in California

Conflict with 2 active medical claims. I am currently on workmens comp for a torn menuscius of right knee suffered at work, with a pending knee surgery. Workmens comp wants to release me back to work without restrictions until knee surgery. Also, have pending foot surgery to correct foot related disorder through disability and employer insurance (Kaiser). Disability (Kaiser) dictates no work until next year. Does workmens comp override disability? Not sure how to proceed from here. my e-mail is [email protected] . My phone number is 626 393 3092. thanks


Asked on 10/17/11, 12:06 pm

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

For your own sake you should not give out your e-mail and telephone number.

It is not a question of which system overrules which. You can not collect both at the same time even though they are for different problems. Each system would be paying you for being unable to work so you are in only entitled to their benefits while you are off work for the particular problem. If a Dr. releases you to return to work, you are not entitled to TTD because you are not prevented from working because of your WC injury. You can then collect disability based upon Kaiser saying you can not work because of the foot problem [but beware that your employer might conclude you never want to return to work] EDD files a lien if they feel any of their payments were really for the time you were off for WC.

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Answered on 10/17/11, 1:28 pm


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