Legal Question in Workers Comp in California

Workers Comp/wrongful Termination/2nd Workers Comp Claim Stress

Approx.14 mos.ago my husband broke his back at work. Recvd.wrkers comp. he is still under dctrs care altho back at wrk full duty at the same job. Sat. he refused to operate machinery due to safety (hydraulic systems failure). Super stated, leave if refusing to do as told & told super see you monday, told again not to come in if not going to do as told. questioned Super,was he terminated, supers response was, if you want to take it that way. Asked him same again, with Shop steward present Super stated he's fired, Husband handed over co. keys and left co. property. Called co. monday requested pay. Depressed from losing job.Tuesday recieved call from super asking why he was not at work, Super asked if he quit? he became very stressed and upset, answered Super, understanding is you fired me. Later that same day within hrs. he landed in E.R.w/anxiety/panic attack. Dr. wrote this visit up as work related /hostile work enviro. The next day he recieved letter from company stated it is assumed that he resigned without notice on sat past, attached last paychecks. Question can he file workmans Comp Stress with the conflict of being fired /quit? Q Can he file Wrongful Termination? Q? Can he file State Disablity,Workmans Comp at the same time.


Asked on 10/20/04, 10:22 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Workers Comp/wrongful Termination/2nd Workers Comp Claim Stress

With that type of injury, he needs representation, an attorney who would manage all aspects in the prosecution of all his legal rights, Call me directly at (619) 222-3504.

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Answered on 11/02/04, 8:25 pm


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