Legal Question in Workers Comp in California

Re: employer disputes injury

What your employer did is clearly banned by the Labor Code; I do not recall what the punishment is. If you think you have lost your job you should definitely report him to the State and also to his WC carrier as they will be very upset also. On what basis have they denied treatment? The law states you are entitled to life long treatment that is reasonably necessary to cure or relieve from the effects of the injury. What you had was an aggravation of the original injury. If you had settled that injury case by a compromise and release where you gave up all future benefits in return for a lump sum of money, they might argue that you gave up their paying for the medical treatment. But they need a medical report saying that that is the case and that it is not a new injury, which includes a cumulative trauma injury of doing all that work over the period of time you worked after the first injury.

I think you need to get a WC attorney in your area. Their fee is limited to 9-11% of normally the permanant disability award and they get better get the medical treatment started and decide which penalties to seek then yio can. This is a matter where giving up some of the money is definitely worth while as an experienced attorney will get you much more and sooner then you could do on your own. But do not settle the future medical treatment award unless they will pay you a very large sum for it and you are sure you have full coverage through another medical insurance plan.