Legal Question in Workers Comp in California

workers comp

I have accute pain in neck and fingers, I filed a workers comp claim,so while they were doing all the test they paid me for the work I missed, now the claim is denied b'cos they say it is not work related. And r requesting back the money, Am i suppose to pay them back.


Asked on 2/12/07, 12:59 am

3 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: workers comp

Generally in this type of fact pattern, the carrier is only allowed to seek a credit against future payments. If they do not have a medical report specifically finding the injury is not work related, then you should seek representation, even more so for a denied claim.

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Answered on 2/18/07, 7:23 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: workers comp

Insurance company often deny cases for various reasons-i.e. injury not work-related. Many times, this fact is disputed up to the end of the trial. That determination can be done by a QME or AME (medical evaluators)or witnesses. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/16/07, 7:24 pm
David Lupoff Law Offices of David B. Lupoff

Re: workers comp

Unless a manager witnesses an employee's head get sliced off, they will usually deny a claim. The employer will use at least one of several legal theories to deny a claim. Quite often, the doctor is used as the employer�s medical instrument to help them deny your case. This is why injured workers hire attorneys.

If you would like a free consultation, please do not hesitate to contact my office at, 818.385.0520.

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Answered on 2/17/07, 1:32 am


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