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  1. #1
    Join Date
    May 2015
    Posts
    90

    Default California Workers Comp Sucks

    California work comp rules laws or whatever you want to call them sucks.

    It's unjust how injured workers are treated. There should be laws against this. Oh wait, I forgot there are. But for what good are they.

    The insurance companies are NOT your friend, their NOT trying to work with you. They are trying to hold off and/or not pay you until you have no income and no choice but to try and find work just to keep from being homeless... Then they'll say you weren't injured to begin with.

    The insurance company likes to delay and play games with the injured workers life. We as injured workers cannot sue, we give up that right because the work comp is a "no fault" system. Yea right. It feels like an "injured workers" fault the way we are treated.

    I advise any injured worker in the state of California to get a lawyer to represent you.
    ALL THE INSURANCE COMPANY cares about is money, and how not to pay it to you.

    We'd all have better luck being a dead president on a piece of paper, because at the end of the day that's all anyone cares about.

    Sorry... just had to get that out, and you guys are the only ones who understand.

    Praying for the best for us all

  2. #2
    Join Date
    Oct 2013
    Location
    California
    Posts
    42

    Default Re: California Workers Comp Sucks

    I feel you. The only thing I'm looking forward to at this point is that my doctor recommended I file another claim for stress leave when I go back to work. Hahahahaha.

  3. #3
    Join Date
    May 2015
    Posts
    90

    Default Re: California Workers Comp Sucks

    I'm looking forward to seeing what happens to my ex-employer (i was fired after filing my WC claim) lying to his insurance company.

    Since I appealed and have a lawyer I went to my deposition.. The IC attorney didn't even know the address I worked at (employer lied) and he they weren't aware of the job I actually did (employer lied about this too).

    Example : employer said I worked answering phones and that's all I do, from an office. Reality I'm a high rise window washer.
    I think they call that premium fraud.

    Ahhhh the shock on the IC attorneys face when the truth came out.... even though he tried to keep the same expression the whole time. LOL

    The fact that my ex employers lies are going to some day soon catch up with him is a very rewarding feeling.

  4. #4
    Join Date
    Nov 2010
    Posts
    122

    Default Re: California Workers Comp Sucks

    I'm assuming your Attorney has filed a Wrongful Termination in addition to your Worker's Compensation claim, since it looks like your former employer fired you out of retaliation!
    A Wiseman is a person that has the capability to teach with expertise, a skill or knowledge passed to him from another Wiseman or experience, whether good or bad

  5. #5
    Join Date
    May 2015
    Posts
    90

    Default Re: California Workers Comp Sucks

    Yes, my attorney filed the lawsuit in civil court against my employer, trial is in a few months.

    I can honestly say I'm getting some pleasure knowing my ex employer has to come out his pocket to defend my civil lawsuit lol. (:

  6. #6
    Join Date
    Oct 1971
    Posts
    5,137

    Default Re: California Workers Comp Sucks

    Extremelyconfused
    can honestly say I'm getting some pleasure knowing my ex employer has to come out his pocket to defend my civil lawsuit lol. (:
    Maybe, retaliation cases are next to impossible to win.
    If the employer prevails, you may very well end up being responsible for his legal fees if the court finds your complaint was without merit.

    Yes, my attorney filed the lawsuit in civil court against my employer
    If you feel the employer did violate section 132a, you may file petition with the appeals board for penalties - filing a tort action would be a waste of time.
    You can't use a section 132a violation as a basis to support a civil action for wrongful termination

    California Labor Code Section 132a
    (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250).  Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

    Proceedings for increased compensation as provided in paragraph (1), or for reinstatement and reimbursement for lost wages and work benefits, are to be instituted by filing an appropriate petition with the appeals board, but these proceedings may not be commenced more than one year from the discriminatory act or date of termination of the employee.
    http://codes.findlaw.com/ca/labor-co...sect-132a.html

    California Workers' Compensation Statute Held Not to Support a Common Law Tort Claim
    A recent decision by a California Court of Appeal, Dutra v. Mercy Medical Center Mt. Shasta, No. C067169 (Sept. 26, 2012), focused on that inquiry and determined that a plaintiff cannot avail herself of section 132a as the basis of a tort action for wrongful termination. The Court of Appeal's decision permits an employer to attack the complaint at its initial stages and close off an avenue commonly used by plaintiffs to maintain civil actions for wrongful termination claims related to workers' compensation actions.
    https://www.littler.com/california-w...law-tort-claim

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    May 2015
    Posts
    90

    Default Re: California Workers Comp Sucks

    Tony, I absolutely love when you chime in on a thread. You are so knowledgable, and ALWAYS include links to reference.

    I really appreciate your feedback, little do you know your posts/responses have taught me everything about this crappy WC system (even though I still have more to learn)

    Your poem in the moral support topic... let's just say I read it often, it's helped me to stop crying and stay strong and keep fighting.

    This forum gives me the strength to keep fighting and not give up. I thank whoever started this and keeps it going.

    I don't know about all that tort stuff, going to read the info/links you provided now.

    My next step is going to be contacting my attorney to get the reasoning behind why civil was filed rather than the WCAB.

    I know when they got my time records from my employer that it showed multiple wage/overtime violations, and the civil suit has various claims.. the wrongful termination is just one.

    I don't know about any of this stuff, I've never in life been hurt at work nor fired, this is all a new different horrible experience.

    But thanks again for taking the time to post, I know what I'm doing today.... reading and learning

    Have a blessed day

  8. #8
    Join Date
    Nov 2010
    Posts
    122

    Default Re: California Workers Comp Sucks

    Unless a Complaint is frivolous, the Plaintiff almost never has to pay for Attorney fees if his case gets dismissed without prejudice!

    "...permits an employer to attack the complaint at its initial stages and close off an avenue commonly used by Plaintiffs to maintain civil actions for wrongful terminations related to workers' comp. actions."

    I'm thinking that perhaps many employers and/or their Attorneys aren't aware that they can attack a civil complaint in this way, so the Wrongful Termination action continues on.

    I have had the experience to have my Wrongful Termination claim litigated along with my Worker's Comp. claim for stress. The reason I was able to be sucessful in both claims is because the Wrongful Termination claim involved issues beyond the jurisdiction of the WCAB.

    Also, my wife had a Wrongful Termination claim settled out of court, while her Worker's Comp. claim (which included a 132(a) claim, was still in effect and continued on.

    I'm thinking that based on what I've experienced, your Attorney found issues beyond the jurisdiction of the WCAB to enable you to have a Wrongful Termination claim litigated, Extremelyconfused.
    A Wiseman is a person that has the capability to teach with expertise, a skill or knowledge passed to him from another Wiseman or experience, whether good or bad

  9. #9
    Join Date
    Oct 1971
    Posts
    5,137

    Default Re: California Workers Comp Sucks

    Tony
    If the employer prevails, you may very well end up being responsible for his legal fees if the court finds your complaint was without merit.
    Wisemans_Voyage
    Unless a Complaint is frivolous, the Plaintiff almost never has to pay for Attorney fees if his case gets dismissed without prejudice!
    Without merit means frivolous, seems a legal authority like yourself would know that.

    Frivolous
    Of minimal importance; legally worthless.
    A frivolous suit is one without any legal merit
    In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant.
    In such a case, the individual bringing the frivolous suit might be liable for damages for Malicious Prosecution.
    http://legal-dictionary.thefreedictionary.com/frivolous

    I'm thinking that perhaps many employers and/or their Attorneys aren't aware that they can attack a civil complaint in this way, so the Wrongful Termination action continues on.
    It seems there are applicant attorneys and injured workers that aren't aware that a section 132a violation isn't a basis for a civil action either.
    Attorneys (and self proclaimed legal authorities) who are knowledgeable of California comp laws would know you can't base a civil action on a violation of 132a.
    If you aren't aware of that, you shouldn't be in practice. (or giving advice)
    Ignorance of the law isn't a basis to support a civil action either - the case would be dismissed as without merit and the petitioner could be liable for damages.

    I'm thinking that based on what I've experienced, your Attorney found issues beyond the jurisdiction of the WCAB to enable you to have a Wrongful Termination claim litigated
    Think all you please, don't post it as fact in this forum.

    If you bothered reading section 132a, you'd know they covered all the bases - I can't think of a single issue not covered.
    Perhaps you'd care to support this statement with fact - give a single issue that would be beyond the jurisdiction of 132a.

    Again, your responses are nothing more than your opinions, they're not fact based.
    That's why I can review your postings and find not one source - they're full of misinformation and wild theories.
    There's an old saying - when you find yourself in a hole, stop digging.

    Will Rogers was born on November 4th in 1879. Let's all remember that old cowboy and what he gave to this country.
    Some lesser known quotes from Will:
    1) Never miss a good chance to shut up.
    2) If you find yourself in a hole, stop digging.
    http://www.parks.ca.gov/?page_id=23998

    Tony
    Last edited by tony; 05-14-2016 at 07:16 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  10. #10
    Join Date
    Nov 2010
    Posts
    122

    Default Re: California Workers Comp Sucks

    I disagree with you, Tony, regarding your interpretation that 'without merit' equates to 'frivolous'! The California Code of Civil Procedure, specifically, Section 128.7(b), explains in great detail what can be considered frivolous as opposed to what is reasonable concerning pleadings in a Complaint.

    A few years ago, I filed a "Fraud" Complaint in District Court asking for damages from a particular employer. I was seeking to get the Statute of Limitations tolled because I was beyond the Statute of Limitations and had reason to believe I could get it tolled. The judge dismissed it with prejudice because he didn't agree my issues should be tolled. In other words, my Complaint had no merit in which to continue. It wasn't frivolous and I didn't have to pay the 12k in Attorney fees the Defendants accumulated defending the Complaint.

    Also, with this same Complaint, the Defendants filed a Motion for Sanctions against me and were denied. I prevailed, using Section 128.7 ET SEQ for support.
    A Wiseman is a person that has the capability to teach with expertise, a skill or knowledge passed to him from another Wiseman or experience, whether good or bad

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