Fontana, CA asked in Workers' Compensation for California

Q: I recently suffered a heart attack. I retired as a school bus driver almost 3 years ago can I file workman comp claim

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2 Lawyer Answers
Dr.  Peter Marc Schaeffer
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Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: I don’t see how this is a work COMP claim. It may have been a viable claim if it happened while still working on that job. But after 3 years not likely.

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

A: Sorry, no; injuries reported after you leave the job are presumed not compensable. Plus you have just one year from the last experience of a trauma at work to tell the employer about it. IF you had filed a claim of repetitive trauma to your heart and circulatory system just prior to leaving the job, then that would work. But 3 years after leaving? if you did file now, the Workers Comp Judge would find that your claim is barred by the statute of limitations. Hope your heart heals up well.

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