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100% disabled by SS since 1998 CA WC case litigating same body parts same period. Isn't ADA in effect to prevent discrimination?

San Mateo, CA |

CA WCAB case involving same body parts determined I was totally disabled in May 1998 by SS. My CA WCAB case has been plodding along with different medical opinions on the degree of disability. It seems to me to be a violation of Federal ADA law when an injured person is found to be totally disabled and has received social security and medicare benefits for 14 years that a CA state administrative law court could have superior jurisdiction over a standing Federal Administrative Law judgement. In effect isn't the CA WCAB process over persons determined by a Federal SS Court as totally disabled persons for the same body parts in violation of a standing ADA judgement and ADA law?

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Attorney answers 3



We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


No. The agencies use different standards, so there is no ADA violation here.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


I agree, different agencies different standards.

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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