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Califoria stress claims
#1
I would appreciate any comments/advice/experience anyone has had when filing a w/c claim in California for intentional infliction of emotional stress. My claim was filed in early July 2013, I have already been deposed and am waiting for an appointment with a QME. I am stressed beyond belief and have no idea what to expect from this process . . .
 
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#2
Maybe I should be more clear in hopes of getting some help here! Short story: I was bullied and harassed emotionally for over three years at my job by one female employee constantly (and covertly mostly) and by another female employee intermittently (whenever she felt like it). I asked for help from HR several times and the only response I ever got is: "I will talk to her", which ultimately made matters worse. Three months ago, my mind told my body that I had enough and I had an emotional breakdown at 5 p.m. in the hallway outside my office. I am being seen by an MD of my choice, on 6 different kinds of meds, antidepressant, anti-anxiety, including xanax and treatment for GERD and other gastro issues. Seeing a therapist once a week since mid June this year. I was deposed two weeks ago. It was the most gruesome line of questioning ever and I left so humiliated. Sometimes I wish I hadn't filed the claim . . .
 
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#3
"intentional infliction of emotional stress" would seem to imply criminal or civil liability. while it is often very difficult to prove intention but if you have the evidence you should consult a civil or employment law atty.

as far as the comp claim goes I assume the case has not yet been accepted and since you had a depostion I also assume you have retained an atty to represent you.

the law requires that actual events within the employment be found to be the predominate cause of the emotional/psychological injury. that means they have to look at all the causes that may have contributed to the injury. there will have to have some documented incidents that will corroborate that finding.
see Labor Code 3208.3
http://www.leginfo.ca.gov/cgi-bin/displa...=3200-3219

other requirements and options depend on the specific nature of incidents that you describe and perceive as "bullying and harassed emotionally".
if your employer has a Medical Provider Network you may have to switch treatment once the claim is accepted.

the process is different in every case especially when it involves litigation.
you can find general information on the benefits from the fact sheets here
http://www.dir.ca.gov/dwc/iwguides.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
Mmmmmm over and over she did this? why? are you a male? just what did she do? why didn't you find another job? And why didn't you deck her?
........I love cats, I just cant eat a whole one by myself......







 
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#5
(09-11-2013, 04:16 PM)jayne Wrote: Mmmmmm over and over she did this? why? are you a male? just what did she do? why didn't you find another job? And why didn't you deck her?

I have been registered with two employment agencies for over three years and there is no work here and that is why I did not leave. I am a single woman and I own a home and I have no one else to lean on. So I stayed, hoping something else will turn up. I did not deck her because that is not who I am; I went to HR instead and got no help. What did she do? The worst episode was when she came to my desk, picked up the handset of the phone on my desk, put one end of it between my eyebrows, touching my face, and asked me "when are you going to learn to use this thing?" referring to the fact that I had answered the phone and dropped a call. She is the receptionist, I am a legal assistant and I answered the phone because she didn't. Yes, every day from her I was eye rolled, shunned, isolated, ignored, talked about and she was very covert about 90% of it. I could go on, but there aren't enough hours left in this day . . .
 
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#6
worker's comp is "no fault" so the only issues will be whether your condition was caused by the job.
doesn't sound like there was much intention on the part of the employer so not likely any other liability.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
sounds like grade school....
........I love cats, I just cant eat a whole one by myself......







 
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#8
Sounds like High School drama, only worse...it is in the grown up world.
 
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#9
In high school or anywhere else in my life never have I had someone scream at me that "I am sick and tired of wiping your ass. Don't you know slavery days are over?" (this coming from our black records manager to me when she couldn't find a two year old document on the hard drive). This is followed by her calling me an idiot as she walks by my desk glaring and then will continue to isolate me for days, making rude comments to me in the hallway behind my desk when no one is around to hear but me. It is difficult enough to do the job of a legal assistant, where there is no room for error, and have this nonsense going on in the background day after day. It makes going to work filling my mind with uncertainty as to what will happen next, so I am always anxious and on guard. Some of it is high school drama, I agree, but much of it is harassment, intentional, in hopes of hurting and humiliating me, for whatever reason (maybe because I have brown eyes). HR chooses to ignore my pleas to make this stop. Thank you, 1171, for your input.
 
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#10
I love hog farms for this reason....throw em in hogs eat anything even something that rotten and they take it and turn it into BACON!!!!! I know you are serious and but for just a moment shut your eyes and imagine throwing her into a pen of hungry hogs and them ripping her to shreds and eating every bit of her.....now doesn't that make you feel a bit better?
........I love cats, I just cant eat a whole one by myself......







 
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