Lake Elsinore, CA asked in Workers' Compensation for California

Q: I think my employer is trying to sabotage my workers comp. Claims.

After filing a stress claim and repeatedly asking my attorney for me to see a psych. Doctor I was finally able to see one a yr. Later from filing the claim. I voiced my concern how I feel my employer is trying to sabotage my claims and this is when I was given an appt. To see doctor.

I have been seeing another doctor for back and neck pain due to being assaulted in the workplace for over a yr. With no therapy in place. My claims are not going forward.

I also had a deposition done at the beginning of May. Call my attorney to ask why I have not received it yet. Always given excuses as to why I have not received it which does not make sense. It is as if they are working with my employer instead of fairly representing me. Is this common?

I really need advice. Thanks

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2 Lawyer Answers

A: You can consult with another attorney for a second opinion re: your employment claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

A: Your employer MAY WELL BE MAKING EFFORTS to defeat or reduce yoWour recovery in workers compensation claims. There is no requirement in the law that the employer aid and assist the employee in any claim. Employers are expected by the Workers Comp judge to defend their interests against each claim. A transcript from a deposition takes about 3 weeks to arrive; if the attorney was not in the office when the delivery service arrived, it could delay it another week. Then the attorney should take 2 hours to go through the transcript before sending it to you. If the attorney is busy with trials on other clients, your transcript will be dealt with later (usually the weekend after it arrives). That is no indication your attorney is somehow coluding with the employer. You WILL NOT GET THERAPY. The insane system your State Senator approved lets the adjuster hire a doctor to deny all requests for medications and therapy, then the reviewing system in Fresno denies treatment more than 80% of the time...i've had therapy for a San Bernardino Terrorist shooting victim with bullets in her face denied therapy by Maximus 'doctors' (we never get to know who the reviewer is, so we can't confirm these are real doctors). THIS IS the system your Governor, Assemblyman and State Senator voted for...tell them it doesn't work and campaign against them all in the next election, or it will just continue.

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