Legal Question in Workers Comp in California

can i leave US when i am in worker's comp

My mom got a back injury half yr ago and since then, she could no longer work and she is in such pain that she can't walk, sit, the only thing she can do is lying down at bed all the time. She develops a depression due to that. The psychiatrist says that her depression is very serious and need immediately treatment and also suggests not to perform surgery on her back at this moment since she only thinks negative. The psychiatrist gives her some strong depression medicine which takes at least 6 weeks to be effective and also recommend us to bring her back

to her home country for a while to see if changing of environment helps her. Therefore, we want to bring her to home country for 1 to 2 months.

However, she is in worker's comp right now. We wonder if she can leave the state during this time? A lot of ppl tell us that insurance comp can cut her worker's comp once she leaves the country. Is that true? What kind of legal things we need to pay attention to if she leaves the country for a while. We want to make sure that once she comes back, she can continue her worker's comp treatment ?

Thanks


Asked on 11/21/07, 10:40 pm

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

Re: can i leave US when i am in worker's comp

Why rely on "people" telling you something when what matters is how her W.C. carrier acts. Phone up the claims adjuster assigned to her case. What they will, or should, tell you is that leaving the country does not effect your eligibility but since they would have no ability to monitor your medical condition they might end temporary disability benefits if they feel their is medical evidence of the condition being permanent and stationary and that they will not pay travel expenses for the trip or to go to a Dr. in her home country.

You need a clear report from the Dr. saying that is medically necessary for her to return to her home country and why it is and for how long and that she currently is not capable of working. The Dr. should also spell out in detain how the depression is more than just feeling bad about her injuries and how lit is caused by her injuries and not some other source. You should also make sure that she actually gets treatment there or else just moving back home will not cure her depression.

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Answered on 11/26/07, 10:37 am


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