Denied Workers Compensation Claims Always Deserve A Second Opinion
Los Angeles, an insurance organization to refuse worker compensation claim. Yet, the words “claim denied” are not eternally the final end and it’s well worth asking some more inquiries before accepting that verdict.
Attorney Jeff Stern in Los Angeles is a worker’s compensation lawyer whose business is helping people with compensation of workers claims in California. He serves with many first frontline workers and responders who are recognized by California labor legislation as “sworn officers”. They are firefighters, or forestry workers, prison guards, or highway patrol officers – men and women that go to work for all day kenning their life could be on the line.
Recently, a revising officer suggested a colleague in his late fifties sees Jeff Stern about a worker’s compensation claim that had been stamped “denied”.
The guards use pepper spray to control the violent in dangerous situations for the prisoners.
Prison officers always undergo training activities to prepare for those kinds of situations.
The guard accidently sniffed a substantial amount of pepper spray and suffered a heart attack on the spot.
“He was hurried by ambulance from the training exercise to the dispensary but the insurance company denied him workers compensation saying that it was not a work-related heart attack,” says Stern.
“The heart attack was caused by the pepper spray exposure and the altercation,” says Stern. “Not only that, but California law allows for that assumption because he is a correctional officer.”
The California Labor Code, Section 3212, considered hazardous to their health claim compensation without going through a complicated legal process for the workers. Prison guards are among that group.
“If he had accepted to the insurance company he would never have been able to claim benefits. The insurer’s choice was totally opposed to the way the law is composed and planned to be used.
“The particular event that causes the heart attack or the constant nature of the situation – the fact that they are in these types of stressful, frontline jobs means they have a lot of protection for wounds suffered under the assumptions clause in the labor code.
“The California Labor Code assumptions deal not only with heart attacks but also hernias, pneumonia, tuberculosis, low back issues, and MRSA, or stress acquired on the job that leads to a stroke or clot,” says Stern. “It deals with all these types of medical issues and more, but the unifying force in these kinds of claims is the illness they developed is related to the job.”
The prison guard’s heart attack was a career ending injustice. Luckily, Stern was able to show that certainly the man was allowed to compensation.
Good thing the guard’s co-worker suggested he get the next opinion.
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