California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default How to Cancel an Application for Worker's Compensation

    Hi everyone, I'm new here and need some help. I live in California and just filed a worker's comp claim a couple of days ago for repetitive stress injury, but now I want to cancel it because the whole process is too overwhelming for me and I think it will do me more harm than good in the long run.

    Can I do this without any detriment to myself and to my employer? I haven't heard from a claims adjuster yet. How long does it usually take to hear from one? Can I just send a letter rescinding it or do I have to wait to hear from claims adjuster and tell that person? Can insurance company accuse me of fraud if I do this? Are there legal ramifications?

    My pain has been going on for a year and I sought medical treatment using health insurance.

    Thank you in advance for any advice and answers.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Just Filed for Workers Comp, but Now Want to Cancell It. Can I

    If you or your Dr feel the injury is work realated, the law requires you to report it to your employer.
    They file a claim with their IC, it will be investigated and determination made to compensability.
    Only a WCAB judge can finally dismiss a claim as non industrial.

    You can withdraw your claim... but you will have to pay out of your pocket for treatment... you can't use your own health ins once there is a diagnosis as work related. They won't accept the bills...and Dr/providers are not permitted to bill the GHP/Group Health Plan, or IW for treatment.

    WC is not a matter of convenience for the EE/IW... it's a matter of liability, and law.
    My pain has been going on for a year and I sought medical treatment using health insurance.
    When you know a injury/illness is caused by your work, and your ER is responsible for treatment... and you know your GHP expressly denies coverage for work injuries... (its in the evidence of coverage in the policy), when you use your GHP, you are taking benefits you know you are not entitled to... that can be viewed as attempting to defraud an insurance company.

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Just Filed for Workers Comp, but Now Want to Cancell It. Can I

    Thanks for your response. If i withdraw the claim, can my health insurance company know that i attempted to file a workers comp claim and come after me for all of the treatments for the year? I really didn't know I couldn't use my own insurance company to seek help. I wanted to avoid workers comp as much as possible. This process is just becoming too overwhelming for me and I can't take the stress of it. I just want to withdraw the claim and be as though I never filed. I plan to quit my job if I am able to withdraw the claim, move back home, and just take time to heal. Thank you for your help.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Just Filed for Workers Comp, but Now Want to Cancell It. Can I

    Like I said.... work injury must be reported to your employer...it's not about choice, it's about your ER liability for your injury.
    If you want to withdraw the claim, contact the claims adjuster at the WC IC... be ready to pay for treatment out of your pocket.
    You cannot use your own health coverage to pay for treatment for a work related injury.
    Read the EOC/Evidence Of Coverage in the policy, work injury is expressly exempted from coverage.

    You can't claim work injury, then change your mind because you don't want to navigate teh system... it's not your choice, it's the law.

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