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

Q: It’s been 6yrs.2mon. Fighting with workers comp. 2nd lawyer. Can I file a suite ageist workmen’s comp for mental stres

My second lawyer has had to fix what the first lawyer screwed up. But I’m not getting no medical treatment for my right shoulder or left hand. Medical treatment is in settlements. They do nothing but deny my claim . Ointments , message and specialists for my left hand. In November 2017 they where ordered by a judge to get me in a specialist within 30 days. Still has not been done. And yes I feel my second lawyer is now not living up to his job too. But for 6 years I have had nothing but stress caused by work/comp. sends me approved papers but denied at pharmacy . Sends approved and a week later denied. 2 separate letters come in,dated the same day but one says approved and the other is denied. Then a week later another letter comes in and denied. This is just a sample of what they have been doing for 6 years. And I have questions on my job canteen vending not letting me come back. Still on books. But they let 2 other people return with restrictions but not me. Need help.

2 Lawyer Answers

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: No, the case law is clear you cannot file a claim for stress related to litigating a workers compensation case.

There may be a remedy however if your employer is discriminating against you in any way for filing a WC case.

Nancy J. Wallace

Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Sorry, but you will lose. There was a court of appeal decision ruling that 'stress' from litigation is not a work-related injury about 9 years back, then your elected officials and your governor put in a law that you get no permanent disability for a psychiatric injury unless it is from a sudden, traumatic event (like a terrorist shooting). So your personal life would be investigated and things like drug abuse by family members, marriage counseling, substance abuse, separations and divorces, deaths and life-threatening illnesses with your spouse and children and parents and close friends would be investigated...and then you get nothing.

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