Legal Question in Workers Comp in California

workers comp claim

My son was injured on the job in April 2009, the accident was on video. So there is no question about that. He was being treated by an authorized workers' comp doctor. Recently he was arrested for reasons not pertaining to the injury and will be in for about 6 months, he is currently being seen by their doctor He hasn't missed any workers comp appointments as of yet. Since he can't call should I call his adjuster, should I notify his work, and what happens to his claim. What are his rights. Thanks


Asked on 5/18/09, 9:29 pm

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: workers comp claim

I cannot speak for other attorneys, but I do not feel comfortable advising you as to whether or not you should communicate with the adjuster on behalf of your son. With that said, please note that your son is not entitled to workers' comp benefits while in jail. If your son would like a free consultation when he's out of jail, he can contact me at 1.877.505.INJURY.

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Answered on 5/19/09, 3:36 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: workers comp claim

Case law is a mess concerning injured workers in correctional institutions. Most of it deals with inmates who are injured working for the county. It is an even chance that the carrier will stop paying Total Temporary Disability since it is suppose to compensate for wage loss and an inmate has no chance at earning a wage. Some case law supports continued payments, but a sharp defenst attorney will petition to stop benefits when the Primary Treating Physician does not issue a PR-2 report in 45 days. I suggest you not call the adjuster. There is nothing you can say that will benefit your son. Lastly, it takes almost a miracle to get a prison physician to report in a comp. claim. They do not have the time to deal with the paperwork.

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Answered on 5/19/09, 3:43 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: workers comp claim

My recommendation is that you don't communicate with the insurance company. He can still continue with his case when he is out. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 5/19/09, 4:06 pm


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