Legal Question in Workers Comp in California

WC Benefits due to delay of surgery

Can WC benefits be cancelled if I decide to not take the first available surgery date? For example, if I elect to have surgery two months after the first available date.


Asked on 9/29/06, 10:20 pm

2 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: WC Benefits due to delay of surgery

It is unlikely, but possible.

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Answered on 10/10/06, 5:23 pm
David Lupoff Law Offices of David B. Lupoff

Re: WC Benefits due to delay of surgery

Selecting a later date for surgery in of itself should not cause you to lose your workers' compensation benefits. However, if there is a history of not following up with medical appointments, depositions, etc., you do become vulnerable.

Just a quick tip...if you would like to try to maximize your outcome, you should consult with an attorney. The 15% lawyer�s fee you believe you may be saving now will not look as appealing when the defense offers you a bag of peanuts to resolve your case. Many come into my office at the 13th hour wondering why they received so little for their settlement. Then they ask me if there is anything that I can do for them. My usual response is, �Don�t spend it all at only one Dennys.�

Good Luck.

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Answered on 10/11/06, 2:29 am


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