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How long does it take for a WC case to be closed? California

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  • How long does it take for a WC case to be closed? California

    My Injury happened on October 3rd, 2004. It's been almost two years, yes I received WC check, then they stop, right now I'm receiving disability checks, is there an end to all this? is there a time limit? how far does it go? oh! and I land on the new law so that makes a big difference!, right? Oh! and I still worked until December 07, 2004 because the Company's M.D. Said the're wasn't anything wrong with me, till he put me in the M.R.I. all he said was "OH, you have a herniated lumbar disc, L5-S1" and he sent me to another Doctor.
    Last edited by Dragon22_8; 09-27-2006, 11:22 AM.

  • #2
    I've had cases closed the day after the accident happened; I've had cases that were still ongoing three years later. There's no one-size-fits-all answer; it depends on the specifics of your situation.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Well first let me thank you for replying! my Doctor asked me to have an operation, I said "YES" but then changed my mind, before I did this the Insurance company replied in Mail saying that they Denied that Operation!, I have an attorney working on my case, but sometimes I think his not doing his job, he Lacks on information, I probably have more information on my case than he does, medical reports and everything. Is there something strange going on? by the way I Have a Herniated Lumbar Disc L5-S1 to be exact and the herniation is 6-7mm, I still want to work... buit it's hard finding a job with a disability!

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      • #4
        First of all, your attorney does not have a crystal ball. If you have medical reports he does not, you need to share those with him. He can't act if he doesn't have all the information.

        Second, it depends why they denied the surgery and what your status is without surgery. The bar for getting disability through a private or state policy is different than getting it covered under WC. If you declined treatment and are otherwise at maximum medical improvement, you would not qualify for TTD (pay from WC). I believe the longest you can collect TTD in CA is 10 years or until you reach maximum medical improvement, whichever is first.

        To be honest, I'm not sure what you are asking or seeking now? Treatment? Pay? Settlement?
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          I'm getting stressed about this situation, the attorney says maybe I'm out the door already...If my case ends...will I have options to see a Doctor just in case I need an operation on my lower back? I have shared Medical Reports with him, because it concerns my life, so up to date I have shafred all information with him, but sometimes I feel like he's giving me the round around, I ask for something and they don't respond for like a month, what can I do in this case?
          Last edited by Dragon22_8; 09-27-2006, 11:23 AM.

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          • #6
            If you aren't happy with your attorney, you are free to find another one.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              I Spoke to my attorney yesterday, I was on a three way call with the doctors office, the attorney asked for medical reports, I'm going to have a talk with him till Monday! he said that he's trying to evaluate my case already but needs medical reports, in order to do that...does anyone know what's the amount someone can get for a back injury (Herniated lumbar disc L5-S1)? and what does the new law consist of? what's the difference between the old and the new law?
              Last edited by Dragon22_8; 09-28-2006, 01:18 PM.

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              • #8
                It is nearly impossible to tell you what your claim might be worth. There are just too many factors that determine what you ultimately get. Just having a diagnosis is not enough to go on. Most of it will deoend on the degree of disability or "rating" you receive.

                It is also nearly impossible to cover all the ways this new bill might affect your claim. You can find more info here www.dir.ca.gov/dwc/WCFaqIW.html
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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