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Worker's Compensation -"Permanent & Stationary" reporting.

Glendale, CA |

The CT period of injury is 3/2012-9/2012; I have since gone through a QME and most recently the AME; his narrative report includes a diagnosis of carpal tunnel and tendonitis with treatment recommendation for the treating MD. I have had to deal with baring with the discomfort and constant-somewhat bearable pain. However, most recently I have had a flare-up with increased pain -waking up at night feeling like needles are being stab under my finger nails. It's pretty uncomfortable and the treating MD has put me out for six weeks. I just received a letter from my employer's claims adjuster informing "Denial" of salary continuation. It says something about California Labor Code Section 5402 (c). How do I supp my income? please advise. Thank you.

Attorney Answers 4


  1. I wonder if you are quoting the correct Labor Code. 5402(c) specifically deals with the employer having to pay for medical treatment up to $10,000 during a delay period. That is usually 90 days after you reported a claim until they admit or deny a claim.

    As for denying your payments, you may not be entitled to salary continuation, however you may be entitled to temporary disability or state disability at this point. You indicated that you have an AME, which would mean that you have an attorney. I would recommend that you discuss this with your attorney.

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO communication or any messages or emails from Silberman and Lam, LLP. An attorney/client relationship will begin only when a retainer has been signed.


  2. You can only go to an AME if you have an attorney. Since you went to an AME, you must have an attorney. I suggest you pose your question to your attorney. He knows you, your doctors, your case, all of it better than any of us responding on AVVO.


  3. Find a qualified lawyer (someone who practices workers comp) in your area. Most consults are free.

    ***PLEASE NOTE: My response to this question and any other question in this forum are never intended as legal advice and must not be relied upon as legal advice. My answer to this question should be viewed as general in nature and does not establish an attorney client relationship. The choice of an attorney is an important decision and should not be based solely upon advertisements***


  4. Your attorney will be the best one to help navigate through this process

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