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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5132
Experience:  Extensive experience representing employees and management
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Hi Joseph, I currently have two ongoing cases against my employer.

Resolved Question:

Hi Joseph,
I currently have two ongoing cases against my employer. One is for Workers' Compensation and one is for Discrimination and Harassment. I do not have a lawyer for Workers' Compensation and I filed an Application for Adjudication after may claim was denied and a couple of weeks later I was notified that based on the QME's report my claim was accepted. In the interim I received notification of a court hearing date for Adjudication. The claims administrator stated that full compensation for my case is to be able to return to my job and to submit a summary of my medical and travel expenses (I never received medical care through them, I had to use my own medical insurance and my co-pay) for my employer's attorneys to determine if I can be reimbursed. She also stated that these lawyers would be at the hearing, so my question is: Should I get a Workers' Comp. attorney to represent me at this hearing as I do not feel that I would be fully compensated by simply returning to work. I was out of work for ten months receiving only EDD benfits so what about my lost wages (EDD pays only a portion of wages) and also I was incurring the expenses of my medical care i. e. doctor visits co-pay, prescription costs and travel expenses. Can I present all this information to the Workers'Comp. Judge to be taken into consideration? Can I request to be able to continue to be treated by my current Doctor and not one that is assigned by the Insurance Company? Please let me know.

Thanks. Irma
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Irma,

You can definitely present all this information for the judge to consider.

You can also definitely request to be continued to be seen by your doctor.

However, I want to point out to you that you cannot collect both workers' compensation and disability for the same injury and/or condition. Disability is only for non-job related injuries and workers' compensation is only for on-the-job related injuries. So, if you were to obtain a workers' compensation settlement, the EDD could go after you for the disability that was paid to you.


The claim adjuster is also correct in that you are not meant to receive full compensation for what you earned while on the job. Disability and workers' compensation are meant to be separate recoveries, and if you elect to recover from one, you'd have to give up on the other.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Customer: replied 1 year ago.

Joseph,


Thank you for all the information. I am fully aware of the separation between EDD benefits and Workers' Comp. and the fact that EDD will now ask to be reimbursed by Workers' Comp of all monies paid to me. My question was because I lost part of my income due to the FORCED unemployment for exactly TEN months due to the extreme harassment.


The diagnosis on my Medical Evaluation by a QME is INJURY TO PSYCHE. I was just wondering if I have the right to be made whole. Also I was planning to request the right to continue to be treated by my current doctor. Thank you for clarifying that for me. Last, am I allowed to comunicate or contact the Judge in writing prior to the hearing to provide with all the documentation and evidence that I have or will I just be given the opportunity to present it at the time of the court hearing?


 


Thanks again!

Expert:  Joseph replied 1 year ago.
Hello Irma,

Not everyone is aware of disability and workers' compensation rules, so that was meant for clarification in case you didn't know.

You will have an opportunity to present all your evidence and documentation to the judge at trial.

Workers' compensation could possibly 'make you whole,' but it would be at the expense of your previously received disability benefits.

Otherwise, it seems that the discrimination case is the best one to go with to be made whole since you were forced out of work.
Joseph, Lawyer
Satisfied Customers: 5132
Experience: Extensive experience representing employees and management
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