Legal Question in Workers Comp in California

Worker's comp medical benefits vis-a-vis employment change
Hi,
I had an injury with my previous company which provided me with the medical benefits and partial permanent and stationary benefits. In the meanwhile, I have changed my job --name removed--year ago) and now I am again feeling the same symptoms of my earlier injury flare up. If left unattended, situation will become worse.
I recently received--name removed--letter from the insurance company that if they don't hear back from me within 30 days then they will assume that I have fully recovered from my injuries and they will close the file.
Should I respond to them informing of my current condition. Or should I let this case be closed and open--name removed--new case with the new (current) employer. In other words, whether my new employer will be required to cover the same injuries for which I hace received medical treatment in the past. Note that re-emergence of symptoms is caused by my work at the new employer. To give you some perspective, I have carpel tunnel syndrome, and these things come back slowly with time.
Please advise as to what options are available to me.

Asked on 7/30/06, 3:56 pm

3 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

0 users found helpful

0 attorneys agreed

Re: Worker's comp medical benefits vis-a-vis employment change

1) You have no medical evidence establishing that your new employer is responsible for any increase in disability.

2) The 30 day reply notice has no effect on your benefits. Should the carrier not provide medical treatment timely, you have a valid penalty petition.

I recommend that you seek an attorney, as apportionment will be at issue and you may find yourself dealing with two defense attorneys due to the change of employers.

Answered on 8/02/06, 12:25 pm

Mark as helpful

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

0 users found helpful

0 attorneys agreed

Re: Worker's comp medical benefits vis-a-vis employment change

YOUR CASE WITH THE PRIOR EMPLOYER IS NOT CLOSED. YOU NEED TO BE EVALUATED BY A QUALIFIED MEDICAL EXAMINER OR PREFERABLY BY AN AME (AGREED MEDICAL EXAMINER) IN ORDER TO RATE YOUR CASE FOR PERMANENT DISABILITY RATINGS. FROM YOUR QUESTION IT APPEARS THAT MOST OF YOUR PERMANENT DISABILITY WAS CAUSED BY THE PRIOR EMPLOYER AND THE NEW EMPLOYER MAY ONLY TO A SMALL PORTION RESPONSIBLE FOR WORSENING OF YOUR CONDITION. THERE ARE MANY FACTORS THAT A MEDICAL EXAMINER CONSIDER TO APPORTION THE PERMAMNENT DISABILITY SUCH AS TYPES OF WORK AT YOUR PRIOR AND PRESENT JOB, DURATION OF EACH JOB AND ETC. PLEASE CONTACT ME AT 213.388.7070 FOR A FREE CONSULTATION ABOUT SPECIFICS OF YOUR CASE.

Answered on 8/02/06, 3:04 pm

Mark as helpful