Legal Question in Workers Comp in California

My wife was on EDD for almost a year for a work related injury while pursuing a WC claim that had been previously denied by her employer. She has injuries on both hands and wrists from repetitive work, and a back injury that occurred from a separate work related injury on the job. Since then she hired an attorney and her claim was accepted by WC at a deposition just prior to her EDD reaching the year mark. She has been referred to and treated by the chosen MPN per her employers insurance company. She has undergone surgery on her right hand and wrist per MPN recommendation and is currently in occupational therapy for a few more months. The MPN recommends the same procedure for the left hand and wrist after her recovery with the right (she is right handed). Even after the surgery and therapy, She is still having a substantial amount of pain and discomfort in her right hand and is reluctant to pursue the surgery on the left. The MPN/surgeon has stated that she will most likely not return to her current career of 26 Years, and if unable to endure another surgery at this time, he will include in his final report that she will have the option to have surgery at a later time. How would this affect her awarded amount if she chose not to continue with the surgery on the left hand, even though she is experiencing a great amount of pain, because she doesn't feel strong enough mentally to go through another procedure at this time. What would you recommend, and what would be the best to her benefit? She has discussed this with her attorney, but would like your opinion on this matter. Thanks for your time.


Asked on 6/28/15, 12:50 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

How would refusing surgery impact a final award?? Not too much. The MPN Treater will write she is as Maximum Medical Improvement -- MMI -- or Permanent & Stationary -- P&S -- and if the adjuster and your lawyer agree with his findings, your lawyer will make a demand to conclude the claim based on that doctor's findings of Whole Person Impairment. If the WPI is very very high because of the need for surgery, the adjuster can object and get a Panel Qualified Medical Evaluation... some idiot QMEs will write that if she had the surgery her WPI would be much lower, but very few. Nobody has to undergo a surgery they feel they cannot tolerate well. Most QMEs will find about the same Whole Person Impairment for a 'minor' hand, limiting just a few Activities of Daily Living. IF she can bathe herself 'with difficulty' and groom and dress herself 'with difficulty' which would be the same post-surgically. The bigger issue is to apply for Unemployment Insurance before all her earnings disappear from the EDD records, or when she is released and not provided with work by the employer, she will only received $230 and no unemployment...a financial recipe for disaster.

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Answered on 6/29/15, 10:36 am


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