Legal Question in Workers Comp in California

Employer & 2nd party

Hi, I need representation to help me with an issue with my employer and work comp. I have worked in the operating room for over 20 years as an accomplished and respected surgical technologist.I am on a stress leave (the 2nd one) due to the actions of one surgeon who went out of his way to single me out an cause me such mental distress that I can no longer function in my profesion. I have lost a marriage, life savings, and my means of earning a living due to this one man. I need a lawyer that knows how to not only take on the hospitals work comp carrier, but ALSO the surgeon. I have an attourney that says he'll wave all fees for the bit that he has done so far, but that going after the surgeon is beyond his expertise. PLEASE, I need some help here. Thank you


Asked on 7/25/05, 12:34 pm

3 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Employer & 2nd party

If you would like to pursue an action against the surgeon the questions posed should be, is the surgeon your employer and/or was there discrimination against you or harassment that violated public policy?

These are points to consider as you decide whether or not you are able to sue the surgeon. Please note that in your question, you have not provided any facts, only your damages.

I would be glad to speak to you further about your situation. I'm going to be at the Workers' Comp Appeals Board Monday morning, but you can contact me around 12:00 PM. 818.943.0462.

Best regards,

David B. Lupoff, Esq.

Read more
Answered on 7/30/05, 2:11 am
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Employer & 2nd party

My opinion is that you are searching for help in the wrong forum. You need a labor attorney, for you will not find any redress for a lost marriage within the WC system. Further, assuming you are claiming a psychiatric injury, the only rememdy you have against an employer is a 132(a) filing, which must be filed within one year of the date of injury. Should your psychiatric injury prove not to rate well, your award in the WC system will be minimal because the 132(a) filing only provides for a 50% increase in your award, or should the injury be deemed non-industrial under Lockheed Martin, you will not receive any compensation.

Not having the specifics it is difficult to say. If there is the potential of a large TTD award, you should not have a problem finding an attorney.

Read more
Answered on 7/30/05, 11:48 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Employer & 2nd party

You may have civil causes of action of Intentional or Negligent Infliction of Emotional Distress, call me directly at (619) 222-3504.

Read more
Answered on 7/30/05, 1:14 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California