Legal Question in Workers Comp in California
workers comp case
My workers comp case started in Los Angeles, CA. I now have the opportunity to move to Oakland, CA. Would this affect my case in anyway? Is there any way I can get medical care up there or would I have to commute to LA every month? Should I retain a lawyer in Oakland if decide to live there or in Los Angeles? When should I retain a lawyer? I started receiving wc checks in July 2005 and I understand that there is a 2 year cutoff date. So does that mean I should settle soon? Is this the time to retain the lawyer? And no one seems to have the answers for me. This is my last resort and I am hoping to get some answers. I have read books, interviewed some lawyers, tried to get info online, spoke with the insurance company and I still have not received a clear answer from anyone. I just need to know whether I should move or not? If I do decide to move how would it affect myself and my wc case?
Thanks
2 Answers from Attorneys
Re: workers comp case
Moving should have no effect on your case; you would have to get the file transferred to the Oakland WCAB and change to health care providers in that area. The WC carrier certainly would not want to pay you mileage, which you are entitled to, to go from Oakland to L.A. for treatment, especially since such a long trip would make your symptoms worse. If you have been on TD for almost two years you should have a fairly bad injury, so you should retain a WC attorney where you will be living to handle the matter, unless the amount of your PD is very clear [you had a heart attack that limits you to light work, etc.]. You may want to start vocational rehabilitation once your condition is permanent and stationary. If you have the need for ongoing medical treatment, do not enter into a compromise and release where you give up future medical treatment as they will give yo only a few hundred dollars for that. If you have more questions, e-mail me.
Re: workers comp case
If you are still treating for almost two years, the insurance company will argue excessive treatment. You can always change your doctor. I think the insurance company will very likely object change of venue to northern california because the employers witnesses and place of your injury is Los Angeles and this may put you in a tough position and the judge most likely will not grant change of venue. I recommend that you retain a worker's compensation attorney here in Los Angeles and if you need further treatment, you can change your treating doctor. If the insurance company want to set your deposition, they have to pay for your transportation expenses including your Airfare. If they agree to a medical examination they also have to cover your traveling expense. My office are handling many cases from northern California and out-of-state and we have clients that moved out of state and we are still handling their case. Please feel free to call us at 213.388.7070 for a free consultation.