Legal Question in Workers Comp in California

I have been on Worker's Comp since 2000. In August 2007, I was placed on Permanent and Stationary. However, this whole time I had been complaining that the injury had not gone away & I was still in severe pain. The insurance then stated they overpaid me since 2006 and I was not paid for 2 years. I was directed to see my own doctor for the injury by my attorney. After positive tests, Worker's Comp picked up the case again in May 2009, and now my attorney refuses to insist I get back pay, as I feel I should be entitled to. It's still the same injury and they did not do anything, despite my complaints prior to putting me on P&S. I feel I should be paid from August 2007 to April 2009. Can somebody help me recover the back pay?


Asked on 9/28/09, 9:06 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I suspect you do not understand what your attorney has told you. Permanent and stationary means you have basically reached the maximum improvement that can reasonably be anticipated. It does not mean that you do not still have pain; if you had no pain, you likely would notbe entitled to any PD benefits. Temporary disablility benefits are only payable during the periods of some 240 weeks after the date of the injury; you apparently were not paid during the tlme after this restriction.

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Answered on 9/29/09, 1:37 am


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