Not Allowed to File WC

[tinnabon1]

My workers compensation claim was made in the State of: California

My husband worked for a well known, large company for 10 years. He had injured his back and knee due to continuous trama and could not work with the pain anymore. When he reported it to his supervisor and HR rep. he was told that it was a personal injury and that he would need to see his personal doctor. I called an attorney that advised us to seek medical attention and then follow his instructions after that. It has now been a year and a half. My husbands state disability has been exhausted, we are trying to get social security and we have not received any payment from his employers WCI. To top it off, my husband received a letter from the employer a couple of weeks ago stating that he was being removed from payroll due to his extended personal leave....what personal leave?? We have our first mandatory settlement hearing tomorrow and the QME report states that the injury was work related. My husband had knee surgery last week that the WCI paid for, so arent they claiming some responsibility?

[.SH]

yes, it sounds like they are accepting treatment for the knee injury.
I don't know anything the personal leave policy of your husband's employer.

[PainandSmiles]

Wow. I'm actually surprised the company waited a year and a half before taking him off payroll. FMLA is what... 12 weeks. Where is your attorney at in all of this? He should be the one answering these questions. He also should be making sure that your husband gets the ttd payments if the wc doc took him off work. Follow up with your attorney and or seek a new one.

[tinnabon1]

We had our first hearing this week but we wont hear anything regarding the results until this friday. The attorney was going to ask for the TTD payments now. The employer actually offered a laughable 25 thousand...he is owed more than that in just TTD payments. I think we are going to end up going to trial. I dont understand how they can release him from payroll when he was supposed to be on workers comp. Isnt that wrongful termination if the QME stated that it was workers comp. a year ago?

[.SH]

no; having a work injury does not give a worker immunity from termination.
if the employment is covered by FMLA, then workers get 12 weeks of job protection when they have to be away from the job.

[tinnabon1]

Ok, thank you for clearing that up.

My husband was not allowed to go to a workers comp doctor when he reported the injury to his employer. They told him that it was a "personal injury". Is there anything that can be done legally about that?

[BvIA]

Ok, thank you for clearing that up.

My husband was not allowed to go to a workers comp doctor when he reported the injury to his employer. They told him that it was a "personal injury". Is there anything that can be done legally about that?

Not about legality... but as he was not properly notified of the ER/IC's MPN/Medical Provider Network... he is free to treat with any provider/Dr willing to accept WC patients.

You NEED to be discussing this claim with a WC attorney. Message boards are not a good substitue.

[tinnabon1]

We have an attorney...they just dont seem to answer any questions!
Our hearing seems to have gone well. I guess we are going to get TTD payments now. So that is a little good news in this never ending saga.

[BvIA]

We have an attorney...they just dont seem to answer any questions!

The reason message boards are not a good substitute for atty advice is there are too many variables in a claim to give specific answers to your questions. Your atty has the file, knows the issues and laws/rules that will be applicable. Responses on any message board are generic at best.

If you had a hearing/MSC, and the judge ruled in your favor, then benefits are due.