Legal Question in Workers Comp in California

Future Medical Question

Hello,

I was injured april of 2001 and had undergone shoulder surgery in feb 2002. Settled the claim in Sept 2002 by stipulation with future medical care. (P&S report says need for future surgery)

I have been having some problems with my shoulder over the years. Consulted with a doctor in jan 2005 who indicated another surgery was necessary. I did not go forward with his recommended surgery at that time. I have been just working through it. Unfortunately lately the problem is getting worse. ( Guess the doctor was right).

I have been reading that your future medical treatment is closed after five years from the date of injury . Now just slighttly over five years i need treatment.

My question is : Is future medical awards limited to five years ? Can I still receive treatment? Do I need to file a petition to re-open?

I was under the impression that the stipulation for future medical care was for life providing the problem is directly related to the work comp injury. Which by no doubt is.

I am extremely worried .My personal health care plan will not cover this pre existing work related condition.

My attorney who was a great guy retired a few years ago.

Any advice would be greatly aprreciated.

Thanks


Asked on 5/09/06, 3:21 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Future Medical Question

If you settled your case by Stipulations wtih Request for Award, you are entitled to the second surgery. At issue will be whether or not you are entitled to temporary disability payments related to your time off from surgery. Additionally, you may not be able to obtain any more Permanent Disability, even if your situation has worsened, due to the five year statute. The statute does not prevent you from obtaining all the medical treatment deemed reasonable and necessary.

My suggestion is to seek assistance, either from the I&A office or another applicant attorney. You need someone to look over the medical record to establish whether you will get TTD. Alternatively, you might consider filing a new CT application.

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Answered on 5/12/06, 9:41 pm


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