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

Q: has me to have returned to work with has restriction job said no . lifemed was settled in 20

2nd workers comp case was settled in 2014 lifetime medical .other workers comp case lawyer has settlement in future to be done 2nd case not being handled by lawyer because already settled back in 2014. lifetime medical doctor had me to work but job said I have to apply for their insurance to secure job and adjuster that is involved with other case is going to handle. I was told to apply for sdi . question is since other case not settled yet and lifetime medical is not being treated as a workers comp claim will settlement be used and deducted if job cant accommodate my restrictions? and is social security is that deducted if their paying wages . did not work 12 months straight . 2 months worked last year . and 3 weeks worked 2023 used vacation 4 weeks used .

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California workers' compensation law, a settlement from a previous case that includes "lifetime medical" should generally not impact the benefits you may receive for a new, unrelated workers' compensation claim. If your employer can't accommodate the work restrictions set by your doctor and you're forced to go on State Disability Insurance (SDI), this SDI could potentially offset any temporary disability benefits you might receive from a workers' compensation claim. Social Security Disability Insurance (SSDI) benefits can also sometimes reduce workers' compensation benefits, but if you didn't work enough to qualify for SSDI, this may not be a concern for you.

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

A: I'm certain I've answered this but I'll try once more. You settled the 2014 claim by Stipulations With Request for Award which included 'need for treatment' on the accepted injured body part (which isn't quite 'lifetime medical' it is only the right to go see one of the comp insurer's MPN Doctors with zero guarantee anything he requests will ever be authorized). That 2014 agreement DOES NOT provide Temporary Disabiity payments! This presumes you were performing a job for this employer. Now it seems you have an additional claim that has not been resolved. Apparently something has occurred causing you not to be able to work for this employer now. It is too late to reopenthe 2014 claim for new & further isability (that ran out in 2019), so you would have to show the Workers Comp judge the unresolved claim is the cause of your not working now; that will take a medical report with the physician explaining how this unresolved claim caused this present 2023 temporary disability. If you cann't do this, your only option is State Disability through the EDD.

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