Legal Question in Workers Comp in California

I was injured at work with multiple back injuries and I am dealing with constant back back pain. �I was diagnosed by my personal doctor with chronic low back pain and by an orthopedic surgeon that I was referred to by my personal doctor with chronic muscle skeletal pain. �The problem is the workmans comp doctor said that I would be fine if I took ibprohren and tylenol, however I have been taking Tramadol, and vicodin and this does not work for me. �I was up for LTD and was denied by the company insurance doctor and was told to get back to work on full duty even with the medical work status report my doctor gave me of not being able to perform my normal job duties. �He also stated that I should be placed in a return to work program offered by the company. �When I showed up to work I was told I could not be placed in a return to work program based on my job title. �This was confirmed by my union rep and the labor department. �The problem I am having is my supervisor said I had to voluntarily resign in order to be considered for the return to work program, so I resigned under the impression that I was going to be placed in the return to work program. �I recently called my HR and I was told that I had quit my job position and I now had been placed on a 60 day program with the company. �Could my supervisor be held accountable for deciving me into resigning and is my employer able to place me in this program based on my


Asked on 5/01/13, 8:29 pm

2 Answers from Attorneys
Jacob Kiani Law Office of Jacob I. Kiani

This is a tough one. Although I feel bad that she may have been less than forward with you, it will be difficult to prove that she intentionally deceived you, which is most likely what you would have to show to hold the Company liable for what she did.

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Answered on 5/01/13, 8:36 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

It appears that you have been deceived to resign. You may have a civil case against your employer under a constructive wrongful termination due to fraud. You can still file an application and claim for worker's compensation benefits and get a settlement for your injuries. I would start with retaining an experienced worker's compensation attorney who will immediately send you to a doctor and try to get you disability benefits. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 5/02/13, 12:14 pm


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