Q: I had an otji, was sent to physical therapy and then sent back to work. I had a recurrence later, and had to stop work
My employer ramped up the physicality of my job, to the point where my injury got worse. I eventually "voluntarily retired" because I couldn't take the pain anymore. I never went after them for the re-injury and it's been a few years since. The problem is still there (not as severe but I cant do jobs standing on my feet for long periods of time any more). Did I mess up by not making another claim and just leaving the job? Once you submit a workmen's comp claim - what is the moratorium on future injury or symptoms arising from your work injury (even if it went into "remission" and came back) ? (Note this happened in California, but I'm in Georgia now)
A: You have 5 years from the date of injury to prove you have 'new & further disability' from that initial injury. Yes it was a very weak decision not to dispute the Treating Physician's determination that you were 'fully' healed because you were not, but your silence by just going back to the same job tends to inform the Workers Comp judge that you agreed you were just fine. Then, failing to requesting objecting to the treating doc's findings and failing to speak with an attorney (it's completely FREE), and not getting a Qualified Medical Evauation in California before you went 3000 miles away will make the evaluating doctor suspicious that you were just fine when you left that job but you had a new injury in Georgia and you want your old California employer to pay now. SO: if you have the finances to fly back and forth to California for tests and the Qualified Medical Evaluation and possibly a deposition about every job you have had since the injury, then file a Petition for New & Further Disability at the WCAB with an Application and request a QME Panel in the specialty appropriate for your injuries, and go for it.
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