Legal Question in Workers Comp in California

I'm not entitle to a settlement reward according to WKC

My injury was dated 3/3/06. I was being treated but between the treatment I suffered a unbelical hernia repair. I continue to my workman's comp treatment for carpal tunnel. 1st surg 11/16/06 R hand 2nd surg 2/16/07 and I'm still don't have 100% use of hands. According to the WKC doctor I'm not entiel to a reward. I suffered loss wages, pain and lost time with family specially my 1yr son at the time. I'm back @ wk but I have to pay back my benfits use while being out for 5mos. This isnt' fair.


Asked on 12/27/07, 11:54 am

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

Re: I'm not entitle to a settlement reward according to WKC

You probably need to go to a lawyer who specializes in WC law; the facts you stated are totally inconsistent with what the law is. When you are off work because of an industrial injury you collect WC benefits and are not required to pay back any fringe or medical benefits [the employer must act as though you were still at work]. Any surgery will result in some award for permanent disability; a doctor does not determine what the award is, only states what limitations he/she finds are from the industrial injuries. See a lawyer ASAP. Do not agree to pay back anything until your attorney tells you you have to.

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Answered on 12/31/07, 11:32 pm


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