I started WC on psyche claim, 8 mo. Later I am in a very hostile divorce, his apathy. Asked me for my WC atty. name & no. I had no representation through my divorce, so I thought I had to give his Atty. that info. Next thing I know my WC atty. say's I have no claim. During thr divorce I found out I had a severe neck injury & low back injury, next thing I know the WC atty is starting a claim through my employer, and set me up to go to county Drs. I have just learned that this has been very detremental to me. They are wanting to settle but compromise and release, not paying me any benefits the whole 6 years this has been goin on, even though I had a long term marriage I only got spousal support for1 year, leaving me virtually homeless and injured. Someone please help me, thank you
Workers' Compensation Lawyer
I think you really want to keep your divorce proceedings separate from your workers' compensation proceedings.
Most of the time, workers' comp insurance companies deny stress injuries. They hate them because they cannot see the injury...there is no machine that will measure stress. It doesn't surprise me that they denied your claim and, thus, paid no benefits. It also doesn't help to claim that your stress is due to work when you have been going through a divorce at the same time. That can be very stressful. Because they hate stress claims so much, they usually want to settle them out completely....that means by Compromise and Release. Sounds like your attorney is recommending settlement. Discuss this with your attorney.
Workers' Compensation Lawyer
(1) Nearly 100% of Psyche Injury claims are denied.
(2) When your Workers' Compensation attorney said you have "no claim" you should have consulted with another Workers Compensation attorney (or two) to see if this was the same opinion.
(3) A Claim for INjury to Psyche means you can PROVE -- not just assert, but truly prove with clear evidence -- outrageous and irregular events outside the scope of normal employment resulted in 51% of your mental distress. If you are representing yourself in a divorce, that's an enormous amount of mental distress...making it impossible to convince a Workers Comp judge that 51% of your mental complaints are the result of outrageous workplace events.
(4) "...theWC Attorney is starting a claim through my employer"... if you didn't give permission for the Attorney to do this, YOU HAD THE OBLIGATION to stop it, putting in writing you did not consent to this action. If a Compromise & Release is being offered, it appears you consented with your silence.
(5) "...set me up to go to county Drs." --- The Labor Code and case law says that only Medical Provider Network doctor opinions are admissible (in most instances). If the Medical Provider Network physicians are "county Drs" then those are the doctors your elected officials forced the attorney to select to get the medical evidence admitted.
When an attorney sends the injured worker to doctors not in the approved list, the doctor's report is inadmissible and the injured worker has no evidence to prove their claim.
THE PEOPLE WHO SET YOU UP ARE YOUR STATE ASSEMBLYMEN AND STATE SENATORS. and Arnold Schwarzenegger. The Workers Compensation Act in the California Labor Code severely limits the physicians to which attorneys can send their clients, then severely limits the treatment and then the permanent disability injured workers can be awarded.
How can you sue elected officials? VOTE ALL THE BUMS OUT and PUBLISH why you are voting them out.
If enough injured workers voice their vote, frightened legislators would agree to change the law.
Until then, your adjuster can deny your claim without any retribution, the court can refuse to take any report except an MPN Doctor report, and the award for permanent disability levels gets you a couple of months of survival money and then you're on the street without a remedy.