Legal Question in Workers Comp in California

I was incarceraten in1994, I was on disability at the time. I got hurt in prison and had no medical attention for seven years. In 2002 I was released. I filed a case because I was hurt while working. I was found completly disabiled by workmens comp Judge in 2007. The State of California will not put me back on disability. There reason is I don't take meds or have a doctor. I don't take meds because I am a exdrug addfict, that don't me my pain isn't real. I can not afford to see a doctor with out funds. Medical has turned me down. What can I do?


Asked on 5/16/10, 3:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

i am confused by your question. If you are attempting to get State Disability payments, you are not eligible because you have been found to be disabled because of a Workers' Compensation injury. You can not collect both types of benefits. But do not see how you could avoid the statute of limitations of 5 years as to the WC claim. You would not be entitled to temporary disability payments because they are payable only during the first 240 weeks after the injury. You should be getting permanent disability benefits and have the right to medical treatment.

Contact the person handling WC for your case and find out what benefits you are entitled to. If necessary, then post a question on lawguru again.

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Answered on 5/24/10, 12:48 pm


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