I had an injury in June 2006, I was awared full medical coverage. In July of 09 my employee for no reason switched my work cart. I notified them immediately it was making my back hurt. I was forced to use the cart until mine was order when there were other carts that would have worked. Nevertheless, I began having flare ups, once the pain in my back ang leg were constant I immediately thought to seek treatment with the Doctor who did the surgery. I was diagnosed with having a new injury and he could no longer treatment until a new worker comp calim was filed. I was examined by an AME and was diagnosed with having accumalative trauma to my existing injury and clearly stated the new diagnosis were the result of a new work related injury. Does my Attorney have the right to ask for an indemnity for the accumalative trauma? As far as the new injury that would be my decision to retain them again correct?
As to your several questions:
1) You always have the right to retain whatever lawyer you want and to fire any one you want, without having to give any reason.
2) Treatment is not based upon whether you have filed a formal claim or not. It is based upon whether you suffered a work injury or not. You shoud immediatley file an employee’s frist report of work injury for a cumulative trauma case [term is cumulative and not accumulative]. I do not think the employer’s conduct was so bad as to justifiy a serious and wilfull claim, but the Comp. carrier should point out to the employer that is how employees suffer new injuries.
3) Benefits for the new injury are based upon the law at the time of the new injury.
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587