Legal Question in Workers Comp in California

workmans comp temp disability

I've a workmans comp claim that is accepted. I havn't settled yet. I have been diagnosed with CTS bi-laterally.I am receiving biwkly dipursements for 10 mo. with future medical and job retraining. I want to know if I entitled to TD`benefits which wasn't brought up. I went to the ER 3 times for the pain which I left work for. Hospital reports clearly state my condition , time off was determined and at Dr. request, someone needed to provide medical treatment for my injury.None of this ever happened, no claim was ever filed upon repeated request under the assumption fo good faith. I reported the injury, I missed 3 to 4 days due to the pain. Boss told me if I didn't return to work I would be fired. At the time I was enrolled in a 18 mo. drug program, from the duress of being fired and the stress it carried , I didn't comply with my program and was jailed 45 days . I lost my job. Am I entitled to TD benefit due to negligence on their part for denying my rights for these benefits as stated


Asked on 7/01/09, 7:10 am

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: workmans comp temp disability

As you can probably tell, workers' comp claims are very complicated and difficult to prosecute on your own. Mr. Moheban offered you the same adive that I would.

If you would like a free consultation, please feel free to contact me at 1.877.505.INJURY.

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Answered on 7/02/09, 4:38 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: workmans comp temp disability

You are entitled to TD benefits based on a determination of a treating doctor, QME or AME doctor. You may also amend your claim and add stress as an injury. I highly recommend that you retain an experienced worker's compensation attorney to represent you. Feel free to call us at 213.388.7070 for a free c onsultation.

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Answered on 7/01/09, 4:50 pm


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