Legal Question in Workers Comp in California

Max payment of 102 weeks?
Husband was injured OTJ in 9/2005. Slipped while carrying jug weighing about 60 pounds, his upper back went one way, his lower back went the other way, suffered a back & shoulder injury. He informed his boss, paperwork was filled out for injury, & he went to the WC Dr. Since then, he has been on TTD due to the severe, constant pain in his lower back. He's seeing a QME & been thru PT (could not tolerate) & has seen an AME. Several MRI's & other test later, the pain is worse & MRI's did show some bulging disc. The QME keeps giving him pain meds, shots, etc. & makes comments like ''You shouldn't be hurting this bad.'' Saw AME & in his report he says yes he is injured and yes, it happened on the job. Then later, AME says he can't say the injury is the reason his back hurts
so much, it might be degenerative disc or arthritis. He didn't have any pain in his back prior to the accident & no prior injuries. He is extremely frustrated due to the run around he gets from the doctors and his lawyer. I saw in a previous posting that WC pays TTD for a max of 102 weeks. Is this correct? If WC doesn't try to settle before time limit, what happens? We're in bad financial straits, due to the lower income. Is our lawyer doing his job? Thanks

Asked on 11/29/06, 4:27 am

David Lupoff Law Offices of David B. Lupoff

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Re: Max payment of 102 weeks?

Your lawyer may want to cross-x the AME to find out whether or not he has a proper history and/or how he reached his conclusions.

Good Luck.

Answered on 12/07/06, 5:57 pm

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