Legal Question in Workers Comp in California

i injured my foot at work and was on workman comp for a few months. the case was closed due to it healing and feeling better. now i am having problems with my foot again as the pain is flaring up. can they tell me they cant help because the case closed even though it is the same injury that i made a claim for? (california)


Asked on 2/11/13, 10:07 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

you can reopen your case because you continue to work for your employer. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/11/13, 3:24 pm
Nancy Wallace Nancy Wallace Atty at Law

If you signed Stipulations With Request For Award to close the claim, and the Stipulations you signed state in Paragraph 4 "there is NO need for further medical treatment" YOU then agreed you would walk away without keeping your future medical rights available.

Hopefully you wouldn't sign such a document or the judge would refuse it as 'inadequate' if you had.

If you signed Stipulations With Request For Award, look at Paragraph 4 of this: it SHOULD say 4. THERE IS NEED FOR FURTHER MEDICAL TREATMENT. that's what you take to a doctor on the insurer's Medical Provider Network and ask if you can treat there.

DON'T LET the adjuster pick the doctor for you again. you did that before and that doctor declared you fully healed...and turns out that doctor was wrong.

email me the insurance company at [email protected] and I'll see if I recognize any of the orthopedic surgeons or podiatrists near you so you can pick a doctor from the list who isn't 'in bed' with the insurance company and will fight to get you an evaluation and fight to get you more treatment.

FYI; YOU CAN RE-OPEN a claim not resolved by a compromise & release agreement with 5 years of the date of injury, but if you took a lump of cash in a compromise & release "C&R" then you are 'divorced' from the insurer and you can't go back and ask for more.

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Answered on 2/11/13, 5:27 pm


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