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STRESS LEAVE
08-29-2007, 01:28 PM,
#1
Sad  STRESS LEAVE
IS STRESS LEAVE UNDER WORKMANS COMPENSATION? DO YOU GET PAID WHILE YOU ARE ON LEAVE?
CAN MY PSYCHIATRIST PUT ME ON STRESS LEAVE? HOW DO I GO ABOUT THIS??? I LIVE IN CALIF
Reply
08-31-2007, 12:12 AM, (This post was last modified: 08-31-2007, 12:15 AM by 117len.)
#2
RE: STRESS LEAVE
Yes it can be compensable. If your psychiatrist takes you off work and the claim is accepted then you will get paid total temporary disability (ttd) payments. Don't be surprised if the claim is denied and your time off is charged to your sick or vacation if you have it. You can fight and appeal the denial and if successful your payments would be retroactive back. First step is to file the claim with the employer. Initially you will be sent to a doctor by them for evaluation.
This is the link to the California web site that will answer your questions regarding how to file a claim and get treatment:
California State Worker's Compensation
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10-19-2007, 02:40 AM, (This post was last modified: 10-19-2007, 02:41 AM by wontgiveup.)
#3
RE: STRESS LEAVE
Quote:IS STRESS LEAVE UNDER WORKMANS COMPENSATION?

If it is work related, you can file a claim.

Quote:DO YOU GET PAID WHILE YOU ARE ON LEAVE?
Not by W/C. Stress claims are on delay automatically in California, and the I/C has up to 90 days to either accept or deny your claim. During this time of discovery, you I/C will conduct an investigation and interview your supervisors and coworkers, and you will be asked to give a statement, or deposition if you have a lawyer. With a stress claim, your life becomes an open book and there is nothing the I/C won't do to discredit your claim. California hates Stress claims.

Quote:CAN MY PSYCHIATRIST PUT ME ON STRESS LEAVE?
Yes, he is a medical doctor. While your claim is on delay, WC must provide up to $10,000 in medical care until your claim is accepted or denied. You get to choose the doctor but he/she must submit your Psyche Evaluation and subsequent reports to WC for payment.

If you have an existing physical injury thru W/C, you should consult your PTP initially to be taken off work.

Quote:HOW DO I GO ABOUT THIS???
Report the stress injury to your employer and give them your off work notice from the doctor, then ask for a DWC1 Claim Form, or you can download it yourself and send it to your Insurance Carrier. http://www.dir.ca.gov/dwc/DWCForm1.pdf

If you believe in your heart that your stress was work related, then it is what it is. But if you have any doubt, and your stress could be caused by outside sources like home, kids, finances, then don't file a claim. W/C will fight tooth and nail to say your stress is not work related.

Quote: I LIVE IN CALIF
So do I. Good luck to you.
Let Go, and Let God......
Reply
10-19-2007, 07:03 AM,
#4
RE: STRESS LEAVE
ChrisChris,

You are good.. You gavve excelent advise And you are absolutly right Ca hates stress claims and they will dig dig and dig some more to prove it was not work related. I was attacked twice on my job(city bus) in less then 3 months and they tried everything to say my stress was not job related. go figure.

Good luck Ms
Reply
10-19-2007, 12:45 PM,
#5
RE: STRESS LEAVE
rholmes, I'm learning as I go, just like everyone else.

My stress claim has been reported as 100% work related by a QME Psychologist and a Primary Treating Physician. That's not good enough for my I/C. I have a PQME soon and my I/C is also taking me to the WCAB to discuss the issue with a Judge. It has been almost 6 months and I am off work deemed fully disabled, with no TTD. My private health care is paying all my medical at this point. Go figure is right!

Take care,
Let Go, and Let God......
Reply
10-19-2007, 12:56 PM,
#6
RE: STRESS LEAVE
Hi Chris!! I just wanted to jump on Here and let You know how Great of a job You've been doing with Your Answers Lately!! I have read quite a Few of them, and I'm no Pro at this, but Your Answers have been Very Informative, Caring, and Well Written!! I'm not from Ca., I'm from Pa. but I am Learning a lot from you!! Thanks for the Great Info., I really Appreciate it!!!Smile
Reply
10-19-2007, 01:20 PM,
#7
RE: STRESS LEAVE
chrischris Wrote:
Quote:IS STRESS LEAVE UNDER WORKMANS COMPENSATION?

If it is work related, you can file a claim.

Quote:DO YOU GET PAID WHILE YOU ARE ON LEAVE?
Not by W/C. Stress claims are on delay automatically in California, and the I/C has up to 90 days to either accept or deny your claim. During this time of discovery, you I/C will conduct an investigation and interview your supervisors and coworkers, and you will be asked to give a statement, or deposition if you have a lawyer. With a stress claim, your life becomes an open book and there is nothing the I/C won't do to discredit your claim. California hates Stress claims.

Quote:CAN MY PSYCHIATRIST PUT ME ON STRESS LEAVE?
Yes, he is a medical doctor. While your claim is on delay, WC must provide up to $10,000 in medical care until your claim is accepted or denied. You get to choose the doctor but he/she must submit your Psyche Evaluation and subsequent reports to WC for payment.

If you have an existing physical injury thru W/C, you should consult your PTP initially to be taken off work.

Quote:HOW DO I GO ABOUT THIS???
Report the stress injury to your employer and give them your off work notice from the doctor, then ask for a DWC1 Claim Form, or you can download it yourself and send it to your Insurance Carrier. http://www.dir.ca.gov/dwc/DWCForm1.pdf

If you believe in your heart that your stress was work related, then it is what it is. But if you have any doubt, and your stress could be caused by outside sources like home, kids, finances, then don't file a claim. W/C will fight tooth and nail to say your stress is not work related.

Quote: I LIVE IN CALIF
So do I. Good luck to you.

Been there done that. You need to have your doctor provide the necessay medical code associated with stress out of the medical journal. Without this code, W/C will just continue to jerk you around. I have the code somewhere in my stack of medical reports. I will look for it and get back to you. The code I am talking about is the code doctors assign to any injury they have to be paid for. For example: ICD -9: Other Joint Derangement, Left Shoulder, 718.81. There is a code for stress. Hope this helps.
Reply
10-29-2009, 11:39 PM,
#8
RE: STRESS LEAVE
I say, to just have your Psychiatrist take you out on stress leave and apply for state disability. I got tired of not being able to trust the w/c Dr.'s. They are being paid to keep you working and it is a long battle and adds more stress. Lots of Dr.'s appointments and your w/c Dr. documents most of everything you say, so, if you are also experiencing some stress in your home or personal life, then w/c is not advisable to me. That is just my opinion and my personal experience. I too live in CA. Have been through hell and still going through it with all of this. I decided to be proactive and start looking for another job while i was out of work and on LOA for disability. Some employers such as my past one, will make it hell for you. Try to figure out if keeping this job is really going to benefit you in the long run or make it even worse. The longer you stress, the longer it takes to heal. I wish you well and hope it all works out.
Reply


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