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California Workers' Compensation Questions & Answers
3 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: Do I have a strong case for workplace retaliation or constructive discharge, and will resigning affect my workers’ comp benefits or any legal claims?

I sustained a workplace injury on January 29, 2025, and although my supervisor failed to report it, I eventually reported it to human resources on May 12, 2025 and filed a workers' compensation claim, which has been approved. Since then, I believe I have been experiencing retaliation from my... View More

Brad S Kane
Brad S Kane
answered on Jun 28, 2025

In addition to the relatively weak remedy for retaliation under Labor Code 132(a) for retaliation through worker's compensation, you may have a claim for disability discrimination given your injuries.

You should make sure to document in writing you complaints and the failure of HR to...
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2 Answers | Asked in Workers' Compensation, Personal Injury and Insurance Defense for California on
Q: Should I hire a workers' comp lawyer for delayed disability and denied therapy after a slip injury?

I previously had an injury involving my neck, right chest, and back, which was settled and improved. Recently, I suffered another injury related to the prior one, and my temporary disability payments were delayed for almost two months. While working under modified duty at my job, I slipped in a... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 26, 2025

If you are receiving TTD payments for the new injury, that means the carrier has accepted this as a new injury. Whether it relates to the first injury is a medical question and I think it is to your advantage to have representation given the complexities involved. However, you probably know a lot... View More

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2 Answers | Asked in Workers' Compensation, Health Care Law, Public Benefits and Personal Injury for California on
Q: Will indemnification in C&R cover all expenses after MSA exhausts without litigation?

I have a workers' compensation case that's been active for 20 years, with admitted injuries to my right hand and shoulder. The Medicare Set-Aside (MSA) amount is $10,000. I'm considering a Compromise & Release (C&R) option with indemnifying language stating that the carrier... View More

Dennis Dascanio
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answered on Jun 23, 2025

Dear injured worker,

No, indemnification in a C&R does not guarantee all expenses after MSA exhaustion without litigation.

Even with “hold harmless” language, the carrier could still dispute future treatment costs (like surgery), and you might have to litigate to enforce the...
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4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Dennis Dascanio
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answered on Jun 18, 2025

Dear injured worker,

In a California workers’ compensation claim for psychological stress (e.g., from discrimination, retaliation, or cyberbullying), you are not automatically required to release all medical records. You only need to disclose records that are relevant to the claimed...
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4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Ross Evan Pitcoff
Ross Evan Pitcoff
answered on Jun 18, 2025

Not necessarily—but you should proceed carefully. In a workers' compensation claim related to psychological stress, you do need to provide medical documentation that supports your injury and establishes a link between your condition and your employment. However, that doesn’t mean you’re... View More

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4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California law, including MICRA and workers’ compensation regulations, you generally must release medical records that are relevant to the claimed injury—in this case, psychological stress. However, you are not automatically required to release all medical records unrelated to the claim.... View More

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4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal steps for shoulder surgery complications and unreachable surgeon with surrendered license.

I had shoulder surgery on June 5, 2021, with two plates, seven screws, and a stainless steel rod implanted. Two months later, the rod broke in half. I recently discovered the surgeon surrendered her license due to drug abuse. Since the rod broke, I have a piece nearly breaking through the skin,... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), medical malpractice claims must generally be filed within one year of discovering the injury. Since your surgery was in 2021 and you’ve known about the complications for some time, your window to sue may have already closed unless... View More

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3 Answers | Asked in Workers' Compensation, Personal Injury and Medical Malpractice for California on
Q: Addressing worsened leg pain post-settlement for work injury

I hurt my leg years ago at work and had a fasciotomy due to compartment syndrome. I settled the case but continue to have issues. Recently, the pain and swelling have worsened, preventing me from walking at times. I wasn't warned about potential long-term effects. I'm consulting a medical... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 16, 2025

Since you already settled your workers' compensation case, your legal options are limited unless the settlement included future medical care. You should review the settlement terms to see if ongoing treatment is covered. If not, consult your doctor to document the worsening condition, and... View More

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3 Answers | Asked in Workers' Compensation, Personal Injury and Medical Malpractice for California on
Q: Addressing worsened leg pain post-settlement for work injury

I hurt my leg years ago at work and had a fasciotomy due to compartment syndrome. I settled the case but continue to have issues. Recently, the pain and swelling have worsened, preventing me from walking at times. I wasn't warned about potential long-term effects. I'm consulting a medical... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 16, 2025

If you settled with a complete buyout - compromise and release, it will be next to impossible to change anything after five years from the date of injury absent fraud or some reason why the settlement should be invalidated. If you were represented, that is another barrier because it is presumed... View More

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3 Answers | Asked in Bankruptcy, Workers' Compensation, Public Benefits and Personal Injury for California on
Q: Can I submit a claim for workplace injury after company bankruptcy?

I was injured at my workplace while working full-time, and the company went bankrupt and closed on July 13, 2023. Although I mentioned my injury to a couple of supervisors at that time, I did not formally report it before the company closed. Recently, I discovered through an MRI that I have... View More

William John Light
William John Light
answered on Jun 15, 2025

You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.

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3 Answers | Asked in Workers' Compensation, White Collar Crime, Personal Injury and Criminal Law for California on
Q: How to address false workers' comp records affecting my ongoing case in California?

I have an ongoing workers' compensation case due to severe injuries, including ruptured ankle ligaments, nerve compression, and various injuries to my knee and foot. Although I provided accurate medical records through a copy service, the workers' comp company has submitted false records,... View More

Dennis Dascanio
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answered on Jun 12, 2025

Dear injured worker,

Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was...
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3 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: How can I proceed with WCAB QME appointments in California?

I'm representing myself in two WCAB cases in California. I've scheduled two separate QME appointments with different QME doctors, but one appointment was canceled due to the defense attorney's objection, citing that I already have a QME appointment. This delay is prolonging my... View More

Michael Douglas Goforth
Michael Douglas Goforth
answered on Jun 24, 2025

Answer depends on why you are wanting to use 2 QMEs. If both claims involve the same body part, the defense attorney would likely object.

If the issue can't be resolved, you may set a hearing before a WCAB judge.

If you don't have an attorney yet, you should get one to...
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3 Answers | Asked in Workers' Compensation, Medical Malpractice and Personal Injury for California on
Q: Seeking a malpractice lawyer for knee injury surgery complications in California.

I injured my left knee at work on April 30, 2024. In September 2024, an orthopedic doctor advised me to undergo surgery to fix the issue but did not explain potential complications. I agreed to the surgery, which took place on October 29, 2024. The doctor instructed me not to use any support after... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Yes, a medical malpractice lawyer may be able to help. Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), you have one year from when you knew or should have known about the injury caused by negligence. Since the surgery and fall occurred in late 2024, you are still within the time... View More

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Q: Can I pursue a lawsuit for failed back surgery and faulty device after a 1996 work accident?

I had a slip and fall accident at work in 1996, leading to two back surgeries—a triple fusion, which has now failed. I have a broken titanium screw and another that is partially unscrewed, causing significant pain. Although I previously resolved my workers' compensation claim and sold out... View More

Dennis Dascanio
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answered on May 24, 2025

Dear injured worker,

Thank you for reaching out. Since you previously settled your workers’ compensation claim, that matter is closed and no longer within the scope of workers’ comp benefits. However, if your current issues are due to failed hardware from your 1996 surgery, you may have...
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Q: Seeking compensation after car accident; driver at fault, total loss of vehicle and injuries.

I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More

Emery Brett Ledger
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answered on May 16, 2025

Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.

Based on the information you've provided, your inquiry involves complex legal and...
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2 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Considering workers' compensation for mental health overload as a Learning Trainer in California. No action taken by employer after reporting.

I am a Learning Trainer responsible for onboarding new hires and overseeing teachers, among other duties. The overwhelming workload has led to severe emotional and mental exhaustion over approximately 1 year and 2 months, with the most intense impact recently. I reported my concerns up the chain of... View More

Dennis Dascanio
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answered on May 8, 2025

Dear Injured Worker,

Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain...
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3 Answers | Asked in Workers' Compensation, Estate Planning and Personal Injury for California on
Q: What happens to my open Workmen’s Comp case and compensation if I pass away, and can my son be a substitute claimant or beneficiary in California?

I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on May 6, 2025

Hi there, in the event that you pass with an active workers' comp claim, the claims adjuster should pay to your estate the permanent disability benefits which have accrued and are unpaid. I understand that Hartford is unwilling to settle your medical, but you have other options to obtain a... View More

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3 Answers | Asked in Workers' Compensation, Estate Planning and Personal Injury for California on
Q: What happens to my open Workmen’s Comp case and compensation if I pass away, and can my son be a substitute claimant or beneficiary in California?

I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More

Dennis Dascanio
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answered on May 6, 2025

Dear injured worker,

Your son can be a beneficiary of your workers compensation benefits that have accumulated and have not yet been paid out at your death. Typically this applies to permanent disability that has not yet been paid out. Future medical care is not an accumulated benefit and...
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3 Answers | Asked in Divorce, Workers' Compensation, Family Law and Personal Injury for California on
Q: Can my wife claim half of my workers' compensation settlement during divorce in California?

I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 6, 2025

In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More

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3 Answers | Asked in Divorce, Workers' Compensation, Family Law and Personal Injury for California on
Q: Can my wife claim half of my workers' compensation settlement during divorce in California?

I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More

Dennis Dascanio
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answered on May 6, 2025

Dear injured worker,

I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or...
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