Legal Question in Workers Comp in California

spinal damage sustained at work

I was working for an upscale mens's salon and was asked to move a paralyzed customer from the barbers chair back to his wheelchair, I expressed that I didn't feel comfortable or able to do it yet my employer insisted. While moving the gentleman I sustained a ruptured disk. I was in servere pain for several weeks and had already gone to my doctor when my employer finally find out who her worksmans comp insurer was. They wanted me to change doctors and I didin't want to so they closed the case. Two years later I am having to receive tri-monthly injections into my lower back to control the pain. Do I have a case for compensation?


Asked on 11/26/07, 3:52 pm

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

Re: spinal damage sustained at work

By not immediately informing you of who the WC carrier was they waived any right to control the medical treatment. They absolutely can not close a case because you did not want to see their Dr.; even if they were rlight, they would have t petlition the WCAB for a rulling to end certain benefits.

No experienced WC carrier would be so stupid to do what you relate. Sop I have to assume there is some other reason they closed the case. Your employer probably told them you were not an employee but rather an independent contractor so not entitled to any benefits.

You need to go to an experienced WC attorney. The WCAB will award the attorney about 9-11% of the permanent disability benefits you recover. You will also be told to file for a 10% penalty that increases at least part of the award by 10%.Make sure that the attorney is the type who will return calls and keep you updated, as most run a mill in which they sign the client up, see them maybe that day, and then don't communicate with them until they meet at a WACB hearing.

If that does not answer all of your questions, e-mail or call me.

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Answered on 12/25/07, 8:02 pm


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