File an Application for Adjudication with the WCAB
File one application for each date of injury. If you suffered a specific injury..ie... fell off a ladder at work, this is a specific injury since it has happened all at once.
There are repetitive stress injuries that happen over a longer period of time which we all cumulative trauma injuries... for example a roofer pounding nails for 5 years developes a shoulder injury that began hurting him over a year ago and forced him to seek medical attention. He continues to work for another 12 months to the point he just can't stand the pain any longer and files a workers compensation claim On the form it will ask him what is his date of injury? You will put down the first date you saw the doctor for the shoulder problem and the date you last worked. This is called a cumulative trauma .. or CT claim.
If you have more then one injury ...
If you have both a specific injury and a cummulative trauma injury (CT ) you will need to file 2 applications for adjudication with the WCAB for both dates of injury. The date of the specific injury... and the beginning and ending dates of the CT injury.
WCAB Jurisdiction over your Workers Compensation Claim
The WCAB has not jurisdiction, the ability to hear the case, prior to the filing for an application for adjudication. There can be no orders for discovery, no hearings or orders issued by the court till this is done.
Social Security information and Privacy
The injured worker is entitled to have their social security number redacted ( blacked out ) from public documents in the WCAB record per CC Section 1798.85
Statute of Limitations Period
You must file your application for adjudication within 1 year from the date of injury, or the last payment of disability payments or last furnishing of medical treatment by the employer. Where an employer furnishes medical treatment, knowing of a potential workers compensation claim, it halts the running of the 1 year statute of limitations period under Labor Code sec. 5405 and instead triggers a 5 year period set forth in Labor Code sec 5410. ** the employer must have knowledge that the furnishing of medical treatment is in fact for an industrial injury.
Hire a lawyer
There is no substitute for good legal advise on your workers compensation claim . The fees are low and you never have to pay a dime out of your pocket even if there is not monetary award at the end of the case because you made a full recovery. So having a highly qualified attorney is a no brainer !!
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