Legal Question in Workers Comp in California

I have been on work comp for about 2 years now. 3 months ago I had surgery on my shoulder for the injuries due to this. A few weeks ago I was in a major car accident and the pain in my arm has increased. My attorney told me to downplay the accident and told me that if I went back to physical therapy at this time it would hurt my case due to the accident. Is this true or can I still go ahead with the P/T my doctor has ordered?


Asked on 11/16/10, 2:51 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Your attorney is telling you how to get a higher WC award. I personally think recovering from the injuries is more important. You will have to live with the pain and physical restrictions fro some time, perhaps you entire future life. You will make more money working than getting WC benefits. Playing down the effects of the car accident might result in greater WC benefits but at this point that is a guess. But if what you tell the comp. carrier is different from what you tell the Dr.s who see you, you lose credibility with the WC adjuster. Also, if the other party was at fault for the accident, by down playing the effects of the accident for WC, you have to downplay it for the civil suit/claim. My experience is that most people can not play the two roles and get caught so lose on both sdes of the fence .

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Answered on 11/21/10, 2:01 pm


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