C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after

Question

On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months.  At appeals for surgery i Inform the judge about my new unreported injuries, my lawyer who i saw for the 1st time in poverty a year tells me to settle, $25,000 and i get to go back to light duty. I was 4 months no check, i agreed, how was this legal when u need a pcp report to do a c&r, plus new in juries, the fact i was never given a pcp. This deal was not in my best intrest,i was fired for not needing the job they made up on light duty, stole 6 dollars an hr. Told my lawyer he said they know what their doing, destroyed all my paperwork after firing me as a client.  I was told i had to do those jobs on light duty or else i would be fired. 5lb. Wght. Restriction, no bending, no kneeling, no climbing, i had to count every pallett of tile 33 to 88lbs.

James L. Arrasmith · Answer

I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information: 
 
1. Compromise and Release (C&R) agreements: 
A C&R is a final settlement of a workers' compensation claim. Generally, once approved by a workers' compensation judge, it's difficult to break or change. However, there are some circumstances where a C&R might be challenged: 
 
- Fraud or misrepresentation 
- Mutual mistake 
- Duress or undue influence 
 
2. Unreported injuries: 
If you had additional injuries that weren't reported or included in the settlement, this could potentially be grounds for challenging the C&R. However, the fact that you informed the judge about these injuries before settling may complicate this argument. 
 
3. PCP (Primary Care Physician) report: 
While a medical report is typically part of the settlement process, the specific requirements can vary. If a required medical evaluation was omitted, this could be an issue. 
 
4. Light duty and job termination: 
If you were fired for not performing duties that exceeded your medical restrictions, this could potentially be grounds for a wrongful termination claim, separate from your workers' compensation case. 
 
5. Attorney conduct: 
If you believe your attorney did not represent your best interests or failed to properly advise you, you might consider filing a complaint with the California State Bar or exploring a legal malpractice claim. 
 
Given the complexity of your situation, it would be advisable to consult with a different workers' compensation attorney or a legal malpractice attorney to review your case in detail. They can provide specific advice based on all the facts and documentation of your case.

Q: C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after