Legal Question in Workers Comp in California

i have a very frustrating workers comp case. I believe workers comp and employer committed some type of fraud. I was injured at work, It was reported immediately and I went to ER. I was out for about a week and the doctor release me to modified work. They never return my call so I went in on the 3rd day and I was fired on the spot. They said I didn’t follow procedure. The proedure in question was from a month ago and it’s a procedure that nobody follows. Everyone does it and no one has ever been terminated or written up.

I recieved a letter of accepted claim a week later but then a few days later, I recieved a denial letter. I’m not sure how their investigation was conducted but I’m sure it was done by both parties. I was denied for not having medical support for psych injury but my injury was for my back. They basically did this in hopes I go away. I didn’t know the laws so I didn’t know what to do. I’m still appealing my case but it’s a long process. I’d like to how I can get ttd started. I have seen 4-5 doctors and everyone of them has listed as industrial related injury.

It’s been over a year so is there anyway I can look into retaliation or bad faith denial for denying for an injury that is not related to my back injury?

Thanks


Asked on 8/01/18, 11:52 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

you needed an attorney the moment you were terminated, you still need one this minute. It sounds like it was more than one year ago that you were terminated. IF so, you waited too long. YOu could have filed a Petition for BEnefits under Labor Code 132a which makes discriminating against a worker just for requesting comp benefits a crime... BUT you have to deliver (serve) that petition on the Employer's agent within 1 year of the unfair termination. Yup, procedure got you again. So presuming it is too late to pursue the 132a benefits, all you need is ONE admissible QME report stating you were injured just as you reported and you go to trial just with that one report. 4 or 5 reports is an incredible waste of your time and energy. The WCAB judge can only take in the report of the Primary Treating Physician on the Medical Provider Network and the QME. Sounds like responsibility for disabiilty was denied before you got an MPN Treater to report, so all you get is the one QME. The QME can look at and comment on the 4-5 doctors' findings, but the judge can only use that QME report. If the judge agrees you were hurt as you describe, the judge can award treatment and temporary disability and permanent disability as found by that QME but it is all. the window for pursuing penalties for discrimination appears to have closed.

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Answered on 8/02/18, 10:02 am


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