Legal Question in Workers Comp in California

Question: I was hurt at work on Sept 28th 2010. I Had told store manager and the manager under her that I didn't have anyone to help unload the 1300 piece truck we had coming. I told them this 3 days prior to truck and kept reminding them. They didn't get anyone to come in till 7 am truck came in at 5 and I was hurt by 6am. I smashed my right hand ( 100% ok now ) and I hurt my shoulder ( SLAP Tear and impingement ) I went to the Dr on the 29th and they gave me limitations of lifting no more than 5 lbs. I went back to work awaiting MRI approval. I worked till Nov 9th and then a manager came in from another store since our manager was out sick and he told me I had to go out on WC disability. I was rather shocked! I was doing just fine and they were fine with me that whole month! Anyway I went out on WC, That manager said I was all taken care of and that the wc case worker would contact me the next day she never did so I had to finally contact her. So everything was going along ok, I was depressed about not being able to go back to work but my Dr said I probably just needed a Cortisone shot. We waited to see what the MRI said and thats when I went back in and he said I had to have surgery ( That was in the middle of Dec 2010) I wasn't scheduled for surgery till Jan 14th! I take all my letters from the Dr into work after every appt. and give them an update. I told them I will have restrictions when I come back and was told by the manager above me that that will be ok. They just didn't want me there during the holiday season but now that that was over it would be ok. I am now being told that I might not be able to go back with limitations! My Dr said I can go back this next week but he will say no use of Right arm at all! They wont let me come back then. So that has me worried. I have worked for the company for 10 years! Anyway I have some other medical conditions that I have to take daily meds for and I needed to go to the Dr and thought to myself... I wonder if I still have medical Insurance. So I went in to ask the manager and he said Yes you do! So I didn't worry about it. Then I get a letter in the mail telling my my insurance was cancel since I was Terminated Nov 22 2010! I went into work to find out what was going on, They said I needed to call Payroll, I did and they told me that they didn't put me out on disability so they terminated me. I find this out in February 2011! They said I had to have the store manager rehire me and then I had to call my wc and file a short term disability claim. I call my case worker and tell her and she says thats through them also but I have to call another number. I call them the man takes all my info down and he says I now have to call Ca state Disability, I call them tell them the situation and they tell me they will send out the paperwork. I get it and it says DO NOT file if you are on WC! So I call and talk to someone at my wc and they say, NO you are not supposed to fill that out! SO I don't. they say after I am approved for the Short term disability and they rehire me they will take care of the rest to get my insurance and everything else ( Stocks I'm buying and Profit sharing ) fixed and back to date, So I get a notice from my Profit Sharing telling them that I am not fired I am on WC, she took a look and said in the system I am still fired! This is so frustrating to me I am not able to sleep anymore and am having migraines almost daily! I cant afford my migraine meds or my Thyroid meds cause they also canceled my Prescription through where I work ( Drugstore ) I got a letter about my short term disability saying I was approved till Feb 22nd 2011 but that was it, so now If the Dr doesn't let me go back this month or my company wont let me come back till I have less limitations I wont have Health insurance! The money from the short term should have paid all that stuff, but since it might not help me now if I don't get to go back, will they send me a check for that? Should I get a Lawyer? I am so scared I am going to do something wrong! I have never been without a job! I am worried beyond belief! As of my last dr appt. yesterday I was released to go back to work and now my job is telling me I have to be 100% Thanks for your time!


Asked on 3/25/11, 4:05 pm

2 Answers from Attorneys

Stan Stern The Law Office of Stan Stern

So sorry you are having so many problems. Although I do not do workers compensation law, I can refer you to other attorneys who may be able to help you. Please feel free to call at your convenience.

Stan Stern, Esq.

310-487-9834

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Answered on 3/26/11, 6:54 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 3/28/11, 6:01 pm


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