Legal Question in Workers Comp in California

My husband worked for a commercial maintenance company last year and experienced a herniated disc. Although he wasn't at work when it happened, we feel that the job had caused the problem. At the time he thought that it was related to a very minor and brief back pain he'd felt after lifting a TV ten years prior. We thought maybe his job aggravated that, although it wasn't a big enough issue that he saw a doctor for it.

My husband quit the maintenance position in Sept '13 after 5yrs of working with them. The herniated disc problem has caused 2 week severe bouts of my husband's back going out. He can hardly walk for 3 days and then the pain is just unbearable for the remainder of the time. It's hard to keep up with all of the medical costs and lost wages.

Are we still able to file a worker's comp claim, after a year has gone by?


Asked on 7/01/14, 1:00 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

I WOULD FILE a 'repetitive trauma' claim for Sept 2012 - Sept 2013 immediately; the one-year deadline runs out Aug. 30, just a few days away.

Expect a denial: the code requires that you either file the claim during active employment or you produce evidence in medical records that there was an ON THE JOB INJURY prior to the date of separation.

If he failed to note clearly in his medical histories to doctors in 2012 through September 2013 that his pain WAS FROM WORK (can't just say 'pain', must state "pain from work' or "injured from work' or " work increases pain") the WCAB judge will deny the recovery because the claim was submitted after termination.

IF he put anything in writing tot he employer prior to leaving the company about his job hurting him or his job doubling his pain and you can PROVE this was in the hands of the employer before sept. 2013, you've got a workers comp action.

If not, if nothing went to the employer prior to termination and nothing is in any chart notes or medical notes about the back pain being the result of the job, it's too late.

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Answered on 7/19/14, 4:03 pm


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