Legal Question in Workers Comp in California

I am currently out on leave due to neck injury from work. When dealing with the insurance company I found out that the insurance claims examiner stated to my doctor that my job doesn't require lifting so they wouldn't pay out my disability to be off work. My question is this: The only person who would've said (completely false by the way) that my job doesn't require lifting is our worker's comp representative. So I think that our company W/C rep is influencing the insurance claims examiner in denying my payment while being of work. Is this legal? Despite my medical condition worsening over the last few months insurance examiner is suddenly questioning if I even have an injury (MRI upcoming after waiting 3 months for that approval as well). Does this sound like tampering on the part of our company W/C rep? And if so what can be done about it?


Asked on 4/22/16, 10:53 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

This is very simple. If your doc places you on modified duties, and your employer does not have modified duties available, then you should be off work and receiving temporary disability. In the alternative, if your employer places you on modified duties, but your condition gets worse, or prevents you from working modified duties, go back to you doc and report this to him/her and he/she should place you on td. If either circumstance above is in play, have your attorney file for an expedited hearing.

Meanwhile, go to edd and try to get state disability.

Go to "David lupoff YouTube".

Good luck

David

Read more
Answered on 4/23/16, 7:22 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California