California City, CA asked in Workers' Compensation for California

Q: I left my job, after I file a WC. Can I still get a compensation.?

I hurt my left hand got filed with WC. Doctor modified my job, had restriccions, but job never change me to do other position, still doing the same, my hand still hurt every time I use it. Finally I was sent to specialist, he run test, he taught I had arthritis, results came back normal, he said and he doesn't know how to help. I quit my job, seems like nobody listens, I'm so frustrated.... I got a call, manager case, and she tells me I'm not qualified for compensation because I quit my job. I wanna get better, so that's why I left my job, I work and used my hand for everything, everything!!! Some days I feel great, no pain then I think resting at home is working but then some days are horrible, it hurts bad, even just to hold my phone for 2 min. What can I do? Do I have a case? No income, getting depress, help

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2 Lawyer Answers
Domingo R. Castillo
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Answered
  • Workers' Compensation Lawyer
  • Indio, CA
  • Licensed in California

A: You have a case but you need to meet with a good Workers Comp Attorney to advise you on your rights and options. Good luck!

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

A: You are not entitled to Temporary Total Disability payments when the employer is providing modified duties. The correct solution was to tell the employer the work assigned was beyond the doctor's orders qnd respectfully decline to perform work outside of what the doctor's written orders state. (another solution was to change doctors.) The wrong solution was to quit. A lawyer who knows the HELPFUL (worker-oriented) doctors in the Mojave desert (California City region) is the best hope for you now...CHOOSE A NEW DOCTOR from the insurer's MPN list (never let the 'nurse' choose, she works for the insurer, she will hurt you) and explain to that doctor you cannot do any modified work because sharp pains return suddenly and hope that doctor orders you TOTALLY TEMPORARILY DISABLED. IF you are labeled TOTALLY TEMPORARILY DISABLED then the insurer must pay Temporary Disability checks. If you are ordered to work any modified duty, the insurer owes you nothing.

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