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Car accident
#1
Cool 
Hi 1171: My son works for a "grocery store chain" for the past 17 years, he went to Corporate office for a Food & Safety seminar (for all managers) on his way home, he receives a call from his Store Mgr who told him he doesn't have to come back in, so my son proceeded home, he got off the freeway exit waited at the red light with 3 cars in front of him- a lady came off the freeway exit and didn't stop (35-45 mph)  and mashed into his car and he hit the car in front of him and she hit the car in front of her.  4 Cars involved, my son's car suffered major damage ($11,000) he was seen by his doctor on the same day and was diagnosed with severe concussion, Neck/Back strain, and to proceed with Concussion protocol for one week.  He had a CT scan that we are currently waiting for the results, he is to start physical therapy, and he can return to work but only if his employer will allow "modified duties"... as of today his employer will not allow modified duties because it is not a work comp issue...

My Question is:  Is this considered Work Comp?

His Union Rep said he isn't sure... What do we do?
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#2
yes it's covered by workers comp.
An ordinary local commute is exempted from coverage but this was out of the ordinary and could be considered a "special mission".
As long as he didn't deviate significantly from a normal route home, he was covered for this trip required by the employer.
Was a claim filed and rejected by the carrier/Claims administrator?
If not,he should file a claim form an request a formal decision and written rejection/denial.

Claim form is here
http://www.dir.ca.gov/dwc/DWCForm1.pdf
He can also get an opinion from the I&A officer
http://www.dir.ca.gov/dwc/IandA.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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#3
P. S. I suspect the union has a comp atty specialist on retainer and it shouldn't,t be a problem for your son to get a free consultation if it becomes necessary.
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
(03-16-2018, 08:54 PM)I1171 Wrote: yes it's covered by workers comp.
An ordinary local commute is exempted from coverage but this was out of the ordinary and could be considered a "special mission".
As long as he didn't deviate significantly from a normal route home, he was covered for this trip required by the employer.
Was a claim filed and rejected by the carrier/Claims administrator?
If not,he should file a claim form an request a formal decision and written rejection/denial.

Claim form is here
http://www.dir.ca.gov/dwc/DWCForm1.pdf
He can also get an opinion from the I&A officer
http://www.dir.ca.gov/dwc/IandA.html

His employer is “allowing” him to work until Monday to get all of his “leave of absence papers” signed by his doctor.  
So you think he should present 1st report papers to his boss?  Oh boy, that definitely will no go well.  He does have an appointment with a personal injury attorney.
 
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#5
(03-16-2018, 09:21 PM)1171 Wrote: P. S. I suspect the union has a comp atty specialist on retainer and it shouldn't,t be a problem for your son to get a free consultation if it becomes necessary.

Union Rep was contacted immediately after the accident, he said “it’s a grey area” as to whether this accident would be considered work comp”. My son is seeing a personal injury attorney on Tuesday. Hopefully he will be able to help decide what’s next.
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#6
I doubt a union rep is knowledgable about case law or has had similar situations.
If it's not workers comp, he can keep his share of any settlement.
If comp pays, he"ll have to repay them out of the settlement--they will have subrogation rights.
Interesting choice.
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
(03-16-2018, 10:10 PM)1171 Wrote: I doubt a union rep is knowledgable about case law or has had similar situations.
If it's not workers comp, he can keep his share of any settlement.
If comp pays, he"ll have to repay them out of the settlement--they will have subrogation rights.
Interesting choice.

Spoke to a work comp atty, this accident is not work comp.
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
Reply
#8
Can/will you explain?
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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#9
(04-04-2018, 08:12 PM)1171 Wrote: Can/will you explain?

The Atty said because he was returning home from a work related seminar he was basically off the clock!  He can “possibly “ try  to file a work comp claim but it will be rejected most likely!  He said what made it not a work comp claim was the fact he left the seminar after it was over... if He would have returned to work it would be considered work comp
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#10
An employee will be considered on a special mission when traveling to duties, or while in the course of duties which are different from the usual work and which are to be performed at a different location and time than the usual duties. Such a special mission may be a night school course which the employer encourages or partially pays for [Dimmig v. WCAB, 6 C3d 860, 37 CCC 211 (1972)], or it may be a convention or business meeting related directly or indirectly to the employment, and subject to the statutory limitation regarding off-duty recreational, social or athletic activity.

I don't have the specific facts and there is the subrogation re-imbursement issue but from your original post there is certainly enough caselaw to support comprehensibility. even if they rejected the claim at first it's a close enough issue that they would settle.
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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