Legal Question in Workers Comp in California
I had knee surgery in 1998 due to work incident covered by workers comp. Had surgery again in 2005 and 2010 due to agrevation from work but sdi covered. Should these have been workers comp cases?
I had called in 2005 and was told the old claim was closed.
1 Answer from Attorneys
You are asking the wrong people. You have a medical issue that can only be addressed by a physician. However, given that you have an open award and medical treatment cannot be apportioned, then the wc carrier should have paid for the surgeries. The injurey is past the 5 year statute of limitations, so you are not entitled to total temporary disability, only state disability. However, if your 2010 injury was a new injury, then you are entitled to TTD. It matters not whether the insurance carrier has closed the claim. Try and get back to your primary treating physician, or designate a new one. Alternatively, see the panel QME.
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