Legal Question in Workers Comp in California
My gf. her dad worked for a big postage meter company. He recieved a very large disability check every month because he was diagnosed with MS. the company hired a 3rd party to follow him and after a year decided he longer had MS and stopped paying his disability. he tried getting by for the next year, however he eventually lost his house and filed for bankruptcy. 1 month ago he killed himself. He left behind a 9yr old son and 22 year old daughter. what is there next step?
2 Answers from Attorneys
This is NOT a Work INjury, you have described no facts leading to any valid Workers Comp claim.
Private Insurers ARE permitted to investigate, and private insurers are permitted to stop payments with evidence that the policy terms have not been met.
This man had the option while alive to pursue a claim against the insurer, and he elected not to do so.
There appears to be no 'next step' in any proceeding against any company, just the Probate Court to appoint a Legal Guardian for the 9 year old.
If he was off work because of a work related injury you need to re-post that additional information. As Ms.Wallace states, the facts you relate make it appear that it was not work related or aggravated.
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