Legal Question in Workers Comp in California

work comp

hurt in 2006 ,but went back after filing papers.. early 2007 pain got so bad i took off work for 5 weeks and was paid by work comp insurance , but was made to go back to work by a company doctor, he said there was nothing wrong...fastforward mid 2008 , finally got to see my own doctor who deemed surgery was needed. I had surgery Oct 2008 and was paid from that time till now. Question: Sb899 states that you have 2 years from first date of money paid , which is up , but they denied me the treatment and the ablitity to fix the problem in that time period.. is there some kind of filing tht should be done?? the case is not big bucks and lawyers is somewhat less then energetic


Asked on 1/21/09, 1:51 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: work comp

An issue like this is going to go up on appeal, so you will be pressed to find an attorney. You might try CAAA. Certainly you should file a penalty petition regarding delayed treatment, which may pan out in the long run. The law has been changed in 1008 to allow for 104 weeks of payments within a five year period. Perhaps you can establish a new injury, with the help of a compassionate treating physician, and file a new application, which will allow more benefits. A cumulative trauma is a good bet.

File for EDD.

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Answered on 1/21/09, 5:54 pm


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