Legal Question in Workers Comp in California
Injured by Workers Comp treatment--entitlements?
Background: I have had a series of problems that followed my initial industrial injury. I was injured by a surgery to correct carpal tunnel resulting in nerve compression and constant pain in ulnar nerve. Problem: Now the adjustor has denied the doctor's recommended treatment (another surgery). Do I have any legal help (case law or regulations) to support their duty to continue to treat something injured during a workers comp authorized procedure? Complications: surgery was before change in regulations; original injury was to other side of body and I developed bilateral problems in the rehab after first surgery. There have been long delays (as much as 18 months) from recommendation for treatment and any approval for treatment. It may be that the delay will have made it less likely that the treatment will be successful, but there is one delay after another.
4 Answers from Attorneys
Re: Injured by Workers Comp treatment--entitlements?
All damage that stems from an initial industrial injury is usually considered a "compensable consequence." A compensable consequence should be compensable by the employer�s insurance company. However, insurance companies usually blow-off injured workers who do not have representation.
If you already have an attorney he should know about compensable consequences and amend your Application for Adjudication accordingly. If not, you really should retain counsel. Representation does not require that you spend any out of pocket money on your attorney. If you do not hire an attorney, you are at a greater risk of being stuck with medical bills as well as not being fully compensated for your injuries.
Should you desire representation, please feel free to call my office at 818.943.0462.
Very truly yours,
David B. Lupoff, Esq.
Re: Injured by Workers Comp treatment--entitlements?
I would also like to mention to you that you may have a medical malpractice case against the doctor. I will also explore this with you should you decide to contact my office.
Representation
If you have not spoken with the Information & Assistance office at the WCAB, or obtained representation, I advise you to do so. It appears that aggressive representation may be the only way to get your case moving.
Re: Injured by Workers Comp treatment--entitlements?
Why are you doing a case like this without legal representation?
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