Legal Question in Workers Comp in California

Workmans comp

I work for a city's was hurt on the job and told them a few days later, and went to my doctor ( which has treated me for back issues) The city is self insured and has a insurance company administer all claims, and they have a 3rd party that works for that company. Anyway my orthopedic surgeon doctor said that this is a new injury and that he pulled me off of work for a week. inform the city and they filed all the paper work, the insurance company informed that there will be no TB paid to me until the doc determined its a ''new'' injury or a old one ( had back surgery over 4 yrs ago) the doc informed them (verbally,faxed,emailed and fed ex them) that its a ''NEW INJURY'' and they agreed, city informed them that I need to come back on modify duty, and I did and received back TD pay. My doc ordered a MRI and was approved and his finding is damaged disc, new injury!Instead of a painfully duration of different cures(like I did the last time) or go to the surgery and be done with it ...... I choose surgery informed city, and the NEXT day they said that there isn't any work for me and that my case is ''delayed'' for further review and that I will not be receiving TD pay !! and I need to be put on FMLA !! Can they accept the claim then denied

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