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

Q: Short term disability application : workers comp related or not.

If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?

I would rather avoid a litigious solution, but also do not want to short change myself.

1 Lawyer Answer
Ronald Mahurin
Ronald Mahurin
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I believe is signed under penalty of perjury.

So if you at some point want to change, pick up representation and let your attorney handle the issue of work injury vs. something else.

Alden Jay Knisbacher agrees with this answer

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