Legal Question in Workers Comp in California

You telephone the claims department supervisor and tell him/her that you have an award for medilcal treatment, yourbad is feelling worse and you need the same type of shots you had before, but treatment has been denied on the basis that maybe it can be found tha you suffereed a new injury at work. Do they really want you to file a new WC claim in which you might be able to show that the amount of your disability has increased so you are entitled to more PD payments? Are they willing to pay you voluntarily the penalty sum for their intentional, unreasonable delay in providing awarded medical benefits or do you have to go to the Board to get an award. Have they ever realized that the burden of proof is on them so they have to provide the medical benefits until they have sufficient evidence that the need for treatment is not from the orginal injury, and even if it is from another injury at work it is still the same employer and you are entitled to medical benefit for a new work place injury.

I assume you did not have an attorney representing you on the frist injury, as that attorney would still probably be obligated to handle this problem as part of his orginal agreement to represent you.

[not proof read]