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CA Police Officer Fired before IDR
#1
My husband was a Police Officer in CA. He broke his hand, had surgery and now suffers from CRPS in the hand (also now in the elbow and shoulder). As soon as it looked like he could no longer return as a police officer he retained an attorney. He had a stellate ganglion block the morning of his workers compensation deposition. He was given the sedative propofol for the procedure and was also on Norco and Gabapentin. His attorney then let him take the deposition a few hours after the procedure. We were just doing what we were told and he had nothing to hide so he went in to the deposition. A few weeks later, he was notified that he was the subject of an internal affairs investigation. When we asked what for, we were told it was due to things he said in the deposition. We asked our lawyer for a copy of the deposition, since we were not provided one like we were supposed to get. In reviewing the deposition, we noticed he said, 'I don't recall 38' times, he couldn't remember his sergeants name, important life events, etc. When asked if there was anything he wanted to clarify, he said yes, in regards to driving, I said I only drive 20-30 min at a time. I have driven to Bodega Bay (which is about 2-3 hours from where we live). They then fired him for lying. The decision was upheld at the Skelly hearing and it was later upheld in arbitration where BOTH their doctor and our doctor said that the combination of drugs would absolutely impair his memory and ability to think. It's been 2 and a half years since the injury, has hand has not improved at all. We're finally getting a QME April 11th. Since it seems as though he lost out on his retirement, anyone know what we can expect from worker's compensation? Has anyone been through this before? It's going to be nearly impossible for him to get another job, his employment history is as an infantryman in the Army, and a police officer. Now he has a severe and permanent dominant hand injury and a termination on his record.

Thanks for reading.
 
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#2
Additional disability benefits for his permanent impairment will be based on the rating. The higher the rating the longer the payments. The weekly rate will be much lower--- not enough to live on .
The impairment rating by the a doctor is used by the state to compute his disability payments. There is no way to calculate the amount prior to the rating. California does province a training voucher and some reemployment $$. Check the DWC website for details.
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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#3
He may not have to sign that deposition (IMO) but ask an attorney. Curious, was he asked if he took any medications that morning that may affect his ability to answer correctly? I have never read a deposition in which this type of wording was not included. Your husband needs to have a meeting with is attorney about this deposition and what he can do to try and have it tossed due to he was under medication. If hi attorney refuses to help I suggest calling around and meet with some. I cannot believe his attorney allowed him to do a deposition in that condition. How did you find this attorney and have you googled him and read his reviews?

Your husband should have been told to not state words like never, don't, cant unless 100% of the time he does not do those activities. For example, if the defense attorney asks can you rive for two hours? Your husband may be able to drive for two hoers but would be in excruciating pain. I would have answered the question, driving for two hours is painful and I try to avoid it unless absolutely necessary. I would not have answered no. This is how I was told to answer my deposition questions, truthfully but be very careful with wording unless he is physically incapable to drive two hours and would pass out in pain then I would not state it. They do sub-rosa often times before and after depositions, and anytime the claim is open looking for statements the IW has made and he contradicts.

Why has he lost his retirement? Was he fired and have you discussed this with a labor law attorney? There is a work comp specialist in Orange County who represents primarily first responders because he was one before becoming an attorney (don't know if you are located in this area). If he had a wrongful termination there are strict time limits to pursue action. I recommend contacting some labor law attorney's about his termination. Was he ever offered modified duty? Did the termination go into effect after the deposition fiasco? Again, you need the help of a employment ADA attorney. His work comp attorney may be able to file a 132a if it is warranted, but strict time limits n this. He should ask him.

This link may answer a lot of your questions.

http://www.dir.ca.gov/dwc/InjuredWorker.htm

It is good his doctors rebutted the deposition, but has he sat down with his attorney and ask what else can be done about the deposition as he was in no state to do it? If the defense attorney did not state his rights and ask if he was on any medications that could affect his answers, I would recommend filing a state bar complaint against the defense attorney (but please discuss this with an attorney first). I am not an exert, just an injured worker.

Make sure he has a good specialist for his RSD as it can spread. Not all cocktails of those blocks work with everyone, and sometimes patients have to try several different types.

If he has been out of work for his injury for at least 12 months he should apply for SSDI. Did he receive TTD payments through work comp?

For his date of injury he may be entitled to two vouchers if he cannot return to his former job. One is $6,00. for college and $1,500 can be used for computer and $500, of it does not need to be accounted for. After he receives that he ca apply for the $5,000. voucher which is a check he can use for anything. He should ask his attorney about this if he does not pursue action against being terminated.

1171 discussed the rating and what that entails.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
Thank you for your response. No, they defense attorney didn't ask him those questions. And no, our attorney did not tell my husband he should answer the questions a certain way. Unfortunately, we went into the whole thing totally naïve. We've consulted a couple other attorneys and they pretty much say there's nothing else we can do. We finally got his QME results and rating and of course they're fighting that too.
 
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#5
There is not much they can do to the QME opinion except get a clarification unless the doc was incompetent or wrote a bogus report -- which is unlikely if it's an experienced QME.
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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