Roseville, CA asked in Employment Law and Workers' Compensation for California

Q: Does EDD extend benefits of any kind if WC claim is taking over 6 mths? I was fired before the claim was filed.

Im having a really hard time with the lawyer I picked. He has done nothing for me. And Kaiser is the same, their reports are doing everything possible to avoid "work related" when I go to mental health, yet they have PTSD and Adjustment Disorder with Anxiety all over my 200 page medical record. This was from finding my boss dead in my office on work hours back in may then I mentioned to the new owners that I was having emotional issues since the death and before I had a chance to file a WC claim they fired me. The same day I handed them my Intake dr note stating I needed to work from home!!! Talk about timing. I wish you could be my lawyer!!! Thank you for helping me you have no idea how much you helped!

1 Lawyer Answer

A: My understanding is State Disability Insurance runs one year, nothing more. focus on getting a report with a complete medical history finding you were hurt at work plus you are temporarily totally disabled IMMEDIATELY then get the temporary disability issues TO TRIAL ASAP. If you get the WCAB judge a solid, admissible medical-legal report explaining how you were hurt just the way you wrote in your Claim Form and that you are temporarily disabled while completing treatment, the judge will order the insurer to pay temporary disability and the state can stop. SIT DOWN WITH YOUR LAWYER NEXT WEEK and write out a game plan with a calendar of when the AOE/COE or Expedited Trial is being set, and fax the attorney every week confirming you are on schedule.

1 user found this answer helpful

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