Legal Question in Workers Comp in California

Filed claim, getting little help and runaround

My work situation has deteriorated to the point I filed a workman's comp claim due to stress in January 2004, backdating the claim to May of 2003. I cringe all day, so now my shoulder and neck muscles are involved and the WC doctor has prescribed physical therapy.

I have been at my job 18.8 years and in 9 mos. have exhausted my sick and vacation time due to stress ailments. I was given the Family Medical Leave Act form to fill out in 15 days yesterday.

I have asked both of my supervisors for help in this situation, with a Union steward as a witness. My supervisors have told me,''It's your problem and you need to deal with it.''

The WC doctor put me off work due to the stress in Feb 2004, but WC Admin. said he wasn't qualified so they set up an appt with a psychiatrist for the end of this month. This doctor is a 3 hour drive away and I will need to spend 4 hours being examined. Can't I go to a doctor that's closer? Isn't there a list of doctors I can go to? I found an excellent psychologist nearby but WC said no.

The WC Admin. are dragging their feet in this issue. I feel they think if they make things difficult enough I will give up. I'm really in fear of losing my job too.

What should I do?


Asked on 4/13/04, 11:38 am

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: Filed claim, getting little help and runaround

Your problem is serious and complex.

I would recommend that you consult with a lawyer experienced in workers compensation law and in employment law. I recommend you do that even before you see the Dr. appointed by your employer.

At your appointment with your lawyer you can share any confidential information that might be important to getting good advice.

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Answered on 4/26/04, 4:33 pm


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