Legal Question in Workers Comp in California
Hello,
My husband has been dealing with a workers compensation case already going for three years, they have stopped his disability benefits from EDD, workers compensation only paid him for one month 600.00 total and they don't want to pay anymore. Blue Lake insurance which he is suing does not want to give him any money, any help is denying every single doctors request for an order, and i feel like his lawyer is doing nothing. I tell him to close out his case because already three years is a waste. All doctors from his lawyers side are saying he is in bad shape with a herinated disc, back pain and the whole nine yards, what should he really do?
2 Answers from Attorneys
The two of you need to sit down with his attorney and clarify the situation. One gets money from EDD only if the injury is being treated as not work related. You do not file a civil suit against an insurance company, but rather against the person who negligently injured you. It sound like they have rejected the problems as being work related and your husband needs a WCAB hearing to determine if it is work related. If his lawyer will not meet with you, drop the attorney and hire another WC applicant's attorney with experience.
Insurance companies as you figured out play a lot of games to deny any benefits to injured workers. After 3 years your husband should be released from any treatment with restriction (P & S) and your attorney has to file for a hearing to either settle your case or to agree to utilize AME/QME doctor. Feel free to call us at 213.388.7070 for a free consultation.