Legal Question in Workers Comp in California
worker's comp
I sustained a left ankle sprain 7/21/07 and was terminated from employment while it was healing after reporting unfair wage practices ( which was changed). I had fallen and sprained my left ankle after stepping into a pot-hole in the darkened driveway of my place of employment. My shift as a nurse had not started when this occurred ) I missed 2 days of work and returned to work full-time with restrictions. I was employed for almost 30 years.
Worker�s Comp has changed my status from TD to PD. I remain unemployed because I continue to have persistence pain and swelling and if employed I would continue to have restrictions. I cannot file for unemployment because I am not available to work without restrictions. What recourse do I have?
2 Answers from Attorneys
Re: worker's comp
You have permanent disability and unless you file a WCAB application and claim, the employer and its insurance carrier will not settle with you. Feel free to directly call us at 213.388.7070 for a free consultation.
Re: worker's comp
First you need to speak with a labor law attorney, hopefully after filing a formal complaint with the EEOC, whistle blower statutes included.
I would certainly consider a Diminished Future Earnings Capacity Evaluation (DFEC) to judge the fill impact of your industrial wage loss. More likely than not you will have trouble finding employment as a nurse or a jobs that pays as well.
Lastly, if you have persistent pain and swelling, something is amiss. I would disagree with the treating physician's assessment of P&S status and ask for a Panel QME who might find you still TTd. Further, you might find another treating physician to declare you TTD.
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