Legal Question in Workers Comp in California

Found out Im pregnant 2 days before surgery

I was on workers comp for 5 months before I could get a doctor to do the knee surgery needed. Two days before surgery I went for pre op appt and discovered I am pregnant. What happens now? Do I lose my workers comp pay? I did not intend on becoming pregnant as I am 37 yrs old and my children are 16 and 20. However now I am getting the run around from everyone. Knee doc says wc will stop and I have to apply for state disability but will not sign the papers. OB says he wont sign either as I am not far enough along and he knows nothing of my knee problem. Can the workers comp just stop the case until after I have the baby?


Asked on 11/08/08, 1:40 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Found out Im pregnant 2 days before surgery

You have a unique set of facts. You should apply for state disability to help you through your pregnancy. As your pregnancy progresses, the injury to your knee may increase due to your increase in weight. If the injury to your knee worsens because of your weight, you can pretty much bet that the defense will try to reduce their liability by claiming apportionment. With regards to the doctors, your OB should sign the disability papers. Did you provide him/her with medical reports regarding your knee? There are many issues which need to be dealt with regarding both your claim and pregnancy.

Due to the complexity of your situation, you should consult with a lawyer. Please feel free to contact me at 818.385.0520.

Read more
Answered on 11/21/08, 3:42 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California