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Do I have a possible workers compensation claim stress claim including a penalty for serious and willful misconduct?

Los Angeles, CA |

Gov wrkr. I was disciplnd by a manager for discrim reasons. I told my managers boss how I believed my manager lied and was disciplining me for discriminatory reasons. I begged for an investigation be initiated. I left on stress leave for over 3 months, exhausting all of my leave time. I only returned for financial reasons. The QME psych confirmed my injury, but he said a trier of fact would have to decide if my employers actions were valid, non discriminatory and in good faith. Is my employers failure to investigate my discrimination, enough to appeal, and warrant a serious and willful penalty. I have documents where management says the dept did not violate any rule and there is no need for a manager to record everyday business to manage. Can they do this?

Attorney Answers 3


  1. Putting aside any workers compensation claim, you may have a civil claim for discrimination. It's difficult for me tell whether you claim a discrimination claim based on the facts set forth in your post. To enforce your rights, you have probably figured out that you will need to consult with an attorney one-on-one. There are several law firms in your area that can assist you with this matter. For more information on a range of employment law topics, please visit my video channel -- http://www.youtube.com/channel/UC5a2QHYRVYXRc5mbS9yZlfw


  2. Stress claims are the hardest of all injury claims to prove. They require a more detailed analysis than most cases.

    You say you work for the govt. Feds? If so, that means a whole different system.

    You really need a face to face with a good WC lawyer to consider everything. Find one here at www.avo.com or at www.caaa.org. CAAA is the association for ttorneys here CA who represent injured workers.

    Please vote for "Best answer."


  3. Now is the time to talk with a federal worker’s comp. attorney given the complexities of your case.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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