This video reviews the two most common mistakes I see after unrepresented injured workers get Stips approved. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Once Stipulations are approved, the level of permanent disability is determined. However, if it worsens within five years of the date of injury, the injured worker can file a Petition to Reopen for New & Further Disability. The judge can then issue a new Award finding a higher level of PD if the doctors find that. The second issue is that injured workers hope to get a C&R down the road, but they stop treating with the workers' comp doctors because the system is so frustrating. However, if the adjuster sees all treatment stop, then the exposure for the insurance company drops and they'll generally pay less for a C&R. If an injured worker needs treatment for the injury, it's best to get it through workers' comp.
Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com