Is there any legal recourse for a workman's comp case that has dragged on for over three years and now leaves the injured party now without any financial means to survive?
Answer
Elect a new State Senator and new State Assemblyman.
Your State Senator and Assemblyman/Assemblywoman voted for a law that cuts off Temporary Disability payments after two years but also drags out approval of all requests for medical procedures for 6 months for each procedure.
The 'pledge' from the insurance industry at the time was that they would remain in California and insure businesses for workers comp losses if the officials put in this scheme.
The Senate and Assembly voted on it in April 2004 about 2am prior to the California Applicant's Attorney Association pointing out how people would suffer and even die under this law. Your elected officials needed the contributions from WalMart and Costco to keep getting re-elected.
So now folks like you get to see an insurance-company doctor only, the insurance company gets to disapprove every request for treatment that doctor submits, then the insurance company gets to cut off Temporary Disability Payments after two years, and you don't get any real care or opportunity to heal.
The plan is you just give up, get any settlement offered, and have to go back to work and start paying income tax to the state again -- yes, even if you are in constant pain and cannot sleep or function properly.
The California Legislature and Gov. "Ahhhhnold" just wanted you to get back to work doing anything anywhere and pay taxes again. Your actual recovery was never a consideration.
In 2004 they announced they 'fixed' Workers Compensation. Now the public is discovering that Workers Compensation was never fixed, just gutted.
They just hope that INjured Workers never gather together as a voting block and remain quiet and powerless.
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