Legal Question in Workers Comp in California
Nancy wallace in redlands
MRI results are back and hoffa's fat pad synovial cyst.on the right knee.what does it mean. After working 13 years a on my knees installing carpet floors.i'm still Employed but on disability.just recently happened 7/08/15. but in 1/31/13 when same right knee Swelled up employers denied me help.he said he did not have insurance and is not responsible for us.a have paper work from hospital for 1/31/13.
This time on 7/08/15 proces is going to work insurance.which he denied having.what can i do.
1 Answer from Attorneys
I do not understand what ' Hoffa's fat pad ' means. If you developed a cyst filled with synovial fluid on the right knee as a result of working on your knees, you file the DWC Form 1 Workers Compensation Claim form with the employer and employer's workers comp insurance carrier and demand the carrier rush you to treatment on the knee cyst. Nobody cares what happened in 2013. You waited too long to pursue any benefits on the 2013 incidence (and apparently kept working there for 2 more years, so that was not a labor-disabling injury, so you would be wise to drop that (you waited too long to get anything from it now... you 'blew' the statue of limitations by failure to get to trial in 2014 on the 2013 injury). IF THIS EMPLOYER does not have insurance you join the Uninsured Employers Fund and find a physician near 90270 that treats 'on a lien basis' until you can get a WCAB Case Number and file an application and get an Expedited Hearing where a judge can order the treatment.
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