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Current worker's comp claim is closed, but I disagree with evaluation. Looking to resign and need advice on how to proceed.

Orange, CA |

Working at call center for 6 years, extreme hand pain, possible carpel tunnel. Have had a horrible time dealing with HR and worker's comp. Claim is currently closed, but personal doctor thinks my hand injuries are work related. I was given a job offer elsewhere where I wont be on the phone all day and need advice on how to resign and keep my workers comp claim alive and restarted so I can get care for my hands.

Attorney Answers 7

Posted

Additional information is needed. When you say your WC claim is closed, do you mean it was denied? Did you have your hand examined by a QME? Did you ever file a claim form with your employer? Who denied your claim?

Although resigning should not affect your current Workers Compensation claim, you should speak with a Workers Compensation attorney to have this issue resolved first. The reason I say "should not" instead of "will not" is because this will be case specific depending on facts and your employer's knowledge.

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4 lawyers agree

Posted

I agree with Mr. Kopilenko. We need more information. It's confusing when you say your claim is currently closed but you want o keep your workers comp claim alive. So where is it?

If you haven't seen a QME yet, you will probably need to. Don't ask for a QME without first consulting with a good WC attorney. Don't select a QME without first consulting with a good WC attorney. Don't go to a QME without first consulting with a good WC attorney.

Initial consults are always FREE. Find a good WC attorney by using the "Find a Lawyer" tab at the top of this page or by going to www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers.

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7 lawyers agree

Posted

I agree that we need some more information. You say that your "cuirrent claim" is "closed." If it is current, it sounds like it should not be closed. Perhaps your doctors sent you back to work with no restrictions? If so, it doesn't mean your claim is closed. Why are you going to resign? your injuries? Perhaps you should try to get treatment first and perhaps you can go back to your job. Often carpal tunnel patients improve after treatment.

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5 lawyers agree

Posted

Agree with the others. More information needed.

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2 lawyers agree

Posted

If you continued working for the same employer where the injury occurred it is likely you matter resolved with a stip and award, leaving the medical open. It is possible, but unlikely your matter resolved by a C&R. If you are going to resign the employer most likely will want to buy out your medical and C&R your claim. But as the others indicate more info is needed and you are probably best served by consulting with a local work comp attorney

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Posted

I would strongly advise that you consider (depending upon the facts of your case) filing a new continuous trauma claim for any injurious exposure you have had following the "closing" of your earlier claim, and that you file the claim BEFORE your position terminates. There are statutes and legal decisions that may prevent you from pursuing a claim for such injuries if you file the claim after your employment terminates. Further, with regards to your "closed" claim as well as any new claim, I would advise that you not only file a claim form but that you also file an Application for Adjudication of Claim with the Workers' Compensation Appeals Board. Given your description of your symptoms and your work I would advise that you consult with an attorney as soon as possible.

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1 lawyer agrees

Posted

Although more information is needed with respect to your closed claim, it appears the prudent applicant would file a continuous trauma claim.

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