Q: I witnessed my boss die at work. I started having nightmares. told the new boss (his son) I was going to dr.

boss died on May 8th...On 7/13 I went to my GP at Kaiser for advice on my symptoms, he sent me directly to Mental Health for evaluation. The phys dr gave me a note to take back to work. It said he recommended I work from home and attend a 4 week coping skills class. On 7/17 a hour after handing that letter to the "new owner"handed me a lay off notice and EDD form. He said it was a restructure from his dad dying. I was the only employee and the office manager for 5 yr with perfect track record. A few days after the lay off I received a FED ex wc claim form. So I sent out asap, and waited. It was denied. I am appealing but that can take months. My main question is.. what do I do when EDD runs out? Kaiser wont do the SDI paperwork after diagnosing PTSD and NO WC benefits. I have a child and just bought my first home. I hired a WC attorney but he is not communicating with me. Im a mess. Do I grab any job to survive while this is pending? What are my options, no one is helping me

4 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Once EDD runs out, you will presumably need to get a job. Your WC attorney should be able to communicate with you about your claim. If he won't, get a new WC attorney. There are lots of them.

You might also consult with a wrongful termination attorney. It is possible that you have been terminated from employment in discrimination for your mental condition, or in retaliation for your WC claim.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: you need to talk to an employment lawyer /Labor lawyer not so much criminal so determine if you have a wrongful discharge case.

you should also consult with a workers comp attorney about your injury.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered

A: Contact a member of CAOC who handles employment issues and comp issues. They give free consults.

They can best advise you. I'm not sure why Kaiser won't fill out SDI form as the standards are about the same.

For PTS related issues suggest you consider EMDR therapy. Google "Psychology today, EMDR Therapist, __________________, California " (insert name of your town).

Good luck!

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You have a (1) Injury to Psyche (workers compensation injury) together with (2) a Labor Code 132(a) Violation. You need an attorney very experienced in 132a Petitions. Your attorney should have connected you to a physician who found you temporarily partially disabled and helped you complete the EDD application for State Disability Insurance. FAX THE ATTORNEY that if you are not sent to a physician who will certify you for state disability in 3 days, you are securing a new attorney. DONT CALL. communicate in writing. then the attorney has a chance of actually getting the communication instead of just a name and number with no details.

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