Legal Question in Workers Comp in California

I would need to have some additional information. Under California WC law a person can be rated 100% disabled [accident blinds both eyes; severe mental injury] but in fact can do some special types of work or after having been rated do improve enough to return to the labor market but still medically are 100% disabled. In my early defense counsel years I had a case of a high rise steel worker who had gotten a 100% rating, later about another 40%, and then about 20% for the injury I was handling. If you are worried, look objectively at the wording of your disability and see if your new work requires you to do anything more strenous then that; call animously the WC carrier [but in an office far away] and ask them what their opinion is [the adjusters sometimes are not correct on the law]. If, on the other hand you have not yet been finally rated, you have to reveal when you are able to work for wages. It is good that you are going to work, as it willl make you feel better, mentally and physically. Good luck in the new business.

My questions are as follows: Did your case settle? If so, was it settled by Stipulation, or by Compromise and Release? If it was settled, when? If it wasn't settled, what stage is your case in? E.G. Did an AME just find you 100%? If so, you can count on depositions of the doctor - perhaps you're not 100%. These are very important questions that should be addressed.

Absent further information, it would be difficult for me to give you a concise answer, but generally speaking (assuming that your case is settled), I don't see any harm in starting a business if you've be found to be 100% disabled. Something to consider however, if the duties in your new business require activities within your work restrictions (which brought you to being 100%), then perhaps there could be an accusation of fraud, if the carrier finds that you knowingly lied to reach the 100% mark.

E.g. In your final report, and based upon your complaints, coupled with objective findings, the doctor stated that you can no longer lift more than 10lbs. However, your business demands require that you move twenty 80lb boxes per day, and you do so with comfort.

Yes, this could be an issue. If you would like to discuss your case further, please feel free to call me at 1.877.505.INJURY.

Good luck.