Legal Question in Workers Comp in California

Re: Scheduel ratings in California

While the date of injury is 2003, unless there is a medical report showing permanent disability before 1/1/05 the case will be rated under the AMA guidelines. Thus the total recovery may be substantially less than you imagine. Additionally, Labor Code section 5410 states that you cannot amend a claim to add new body parts after five years from the date of injury. Therefore, you must make certain that you have filed an application listing all of the claimed body parts before the five year statute. The carpel tunnel may not be industrially related if you have not worked in some time, unless it relates to the use of crutches, etc.

Lastly, in order to file a psychiatric claim you must work for the employer for at least six months.

Given the number of body parts involvedand continued deterioration, your case may not settle for several years, which should not be a problem if you are considered Totally Temporarily Disabled.

I suggest that you look into social security.

Re: Scheduel ratings in California

Are you represented by an attorney? Your case is complicated and you definitely need an experienced worker's compensation attorney to represent you. Feel free to call us at 213.388.7070 for a free consultation.