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On workers comp in california for 2 years. no more checks and i still cant work what am i suppose to do for income?

Clovis, CA |

2 abdominal wall hernias that require surgery. Was sent to cardiologist to be cleared by a Doctor. The Doctor said NO surgery until he has a stint put in heart. Insurance company dragging there feet.. Workers comp payments stop after 2 years. What am I to do for money

Attorney Answers 6

  1. Apply for State Disability as soon as possible. See and the linked material.

  2. First, apply for California State Disability.
    Second, apply for Social Security Disability.
    Third, get before a judge at the WCAB on an expedited basis to get authorization for the stent and then the hernia surgeries.
    Fourth, hire a good WC lawyer who would have known all of this and have gotten it done a while ago so you didn't waste the two years of TTDI sitting and waiting.

    Find a good WC lawyer here at or at CAAA is the association for attorneys here in CA who represent injured workers.

  3. You should apply for State disability ASAP. This can sometimes take a while though. You can try asking your doctor to release you back to work on a limited basis so that you can get some hours for income. Also, it sounds like you may need to file for an Expedited Hearing to try to get your treatment approved ASAP. There are some new rules though, however, which deal with treatment. If the treatment is denied by Utilization Review, then you need to fill out the paperwork for an IMR immediately. You may want to consider hiring an attorney.

    This answer is not intended to be legal advice and an attorney licensed in your jurisdiction should be consulted on this answer and for any other questions that you may have. Further, by answering this question, an attorney-client relationship has not been created.

  4. You can apply for State Disability and Federal Social Security Disability. You may not qualify but it does not hurt to apply. You should also file for an Expedited Hearing at the WCAB (Downtown Fresno on Mariposa, fourth floor of the state building). The Fresno WCAB office has an Information and Assistance Officer who can help you file for the Expedited Hearing and hopefully get your surgery moving forward. You should also get an attorney to help you with the process.

    Michael Goldberg is a good workers' comp attorney in Fresno. If you are interested in getting an attorney, look him up.

    Good luck to you.

  5. 2 years is a reasonable amount of time to have 2 hernias corrected. I had 1 hernia corrected in a week. If you collected your 2 years of TTD as a vacation, you should be ashamed. If your Attorney could not get 2 Hernias corrected for you in 2 years, he should be ashamed. If the doctor did not fix you within 2 years, he should be ashamed. SSDI is probably not going to find you disabled if hernia correction will allow you to work.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

  6. Getting an expedited hearing can help you get the necessary authorizations for the stent and surgeries. As for the money issue - you may qualify for state disability benefits.

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