Legal Question in Workers Comp in California

injured on job 12/30/09, surgery for injury 11/09/12. adjuster said rate of pay based on injury date not surgery date. never missed work due to injury until 11/09/12 $1000 a month differenc


Asked on 11/15/12, 2:17 pm

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

The adjuster is correct. The rate is based upon the date of injury. Is it possible that continuing minor trauma at work caused the need for surgery and not just the original injury; if so, then you might be able to claim a cumulative trauma. You will need a Dr. to say that it was a cumulative trauma injury plus a specific injury.

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Answered on 11/15/12, 2:44 pm


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