Legal Question in Workers Comp in California

all wages lost to be compensated

former employer's worker's comp ins carrier has denied both

claims filed(mental stress,depression)(shoulder and neck

contusion plus lower back)the second one was the result of

an injury suffered at work and was documented as well as treated,the restrictions ordered by doctors were not follo-

wed by employer who forced regular duties or lose job,I had

to miss a few treatments after being warned of missing work time so treatments were never finished and case was closed.

Pain returned soon after and injury was found to be more

severe then first diagnosed,got more treatments felt better

but again did not complete entire program,pain keeps coming

back but while suspended for no valid reason,went to see a

chiropracter to open claim and treat injury,switch chiropr

after several month for better care and had a permanent and

stationary evaluation giving a dis rating of 22%,never got

any compensation following report but received 1000$ as

advance for future rewards,ins's lawyer at deposition tells

me ins is denying coverage of benefits but offered 20000$

to settle,my calculation resulted in 80000$ so I decline

can I ask for temp dis starting last day worked until perm-

anent and stationary declaration per QME report?


Asked on 3/26/05, 12:56 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: all wages lost to be compensated

I am sorry for posting this response but......what are you doing? Are you actually trying to handle this claim without an attorney? Good luck!

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Answered on 3/30/05, 10:43 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: all wages lost to be compensated

I think Mr. Fernandez is correct, but the insurance company is looking at the fact that you missed a few treatments and treatment was never finished, especially if the doctor indicated that you would be able to return to work with no restrictions. Additionally, there may be an issue with you changing doctors if, by chance, your doctor issued a P&S report stating no further chiropractic, or no future meds. You need to follow certain procedures depending upon the date of injury. I advise that you speak to the I&A office at a minimum and seriously consider representation.

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Answered on 3/31/05, 12:35 pm


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