Legal Question in Workers Comp in California

Q) Over fifteen years ago I had two workers comp cases for tendenitis in the wrist. After non surgical treatment I returned to work both times. After a visit with my MD within the last six months for back pain that was resolved it was stated that I may possibly have carpel tunnel. I am now on workforce reduction while still employed through December 2, 2011. My hands and wrists are still causing pain, what are my options for work comp to treat my injuries, locate a doctor, and file for work comp in california? I have to explain that my husband has been permanently disabled since 1995 and I really need to work financially to keep our heads above water.

A) If you can show that the current symptoms are related to the prior claims and the future medical provision was not settled, you are entitled to medical treatment, but not other benefits because of various time limits. You may, however, be able to claim a cumulative trauma injury from working, but your amount of permanent disability might be offset by your prior injuries. It would be best for yo to go to an experienced applicants attorney to see if you have a claim that would be worth anything; while employers are not supposed to take WC injuries into account except to the extent that they prevent the person from doing the normal duties of that job, many of them do. Also, if you go out on temporary disability, will that prevent you for collecting unemployment benefits?

Response) I was out on temp disability on both past claims, but was released for work on both, and received only medical benefits on both. Currently I am off project due to loss of contract, but have full benefits until December 2, 2011 or go back to full time when I locate another project within the organization I worked for.


Asked on 10/14/11, 9:29 am

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

Thank you for the supplemental information. You may not have to worry about apportionment of permanent disability [a Dr. can still say that part of the current injury is from the past ones]. The rest of my answer remains, you need to speak to an attorney in your area.

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Answered on 10/14/11, 2:57 pm


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