Legal Question in Workers Comp in California

I was working in the office in California and felt that I would sneeze. I stood up, turned my body away from the desk and twisted my head toward a corner of the office to sneeze. After a powerful sneeze, my left upper back hurt. I thought it would go away, but it stayed for more than a week. The burning pain to me left upper back spread to my arm and fingers. I filed a W.C. claim and saw my pre-designated WC doctor. The doctor said I had the cervical radiculopathy. The W.C. office put my claim on the Delay Claim. My attorney said it is a work related injury per California law. My Occupational Medicine Doctor said it is not a W.C. case. I believe my attorney is right because he is knowledgeable about the W.C. law. Question: Is my case qualified as a W.C. case?


Asked on 8/21/12, 5:47 pm

2 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Trust your lawyer. Those so called occupational medical (a fancy name for a general practitioner ) doctors no nothing about workers comp. Their just bought and paid for by the ins companies. Good luck.

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Answered on 8/21/12, 6:58 pm
Nancy Wallace Nancy Wallace Atty at Law

There is no such animal as a 'qualified' Workers Compensation case. Therefore, no, your case isn't "qualified".

Is this sufficient to obtain a Workers' Compensation Appeals Board case number? yes.

Is this sufficient for a PHYSICIAN to write that you sustained an industrial injury? yes.

If your attorney files for the AOE/COE Trial and submits your medical report finding industrial injury and the judge believes your testimony, will there be a finding of Industrial INjury? Yes.

Is there some requirement the Insurer be forced to accept your story and be forced to accept responsibility without a trial? No.

So your attorney should be obtaining a medical report proving you were injured in the method you've described and that this injury occurred "ARISING OUT OF EMPLOYMENT (AOE)" and in the 'COURSE OF EMPLOYMENT" (COE), so you can get to court and prove your claim sooner than later.

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Answered on 8/22/12, 1:13 pm


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