Posted by blah on 5/04/06

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In 2000, on Wednesday afternoon, while in the office, after
another episode of mistreatment, I had a hypertension
episode, went to our nurse's office to check my blood
pressure (which was documented to be elevated) and returned
back to work in a few minutes. My supervisor found out,
went to check on it with the nurse's, came back and
shouted, "it's worker's comp!" She ordered me to leave, to
take several days off and had another employee drive me
home. During next two days (Thurs and Fri) she and her Asst
kept calling me home and insisting that I stay home, even
though I was ready to go back to work and told them so. I
did not seek any medical treatment.
Next Monday I went back. They immediately gave me a WC
claim papers and insisted I fill them out. I didn't want
to, as I had plenty of unused sick leave to cover this
absence. She and her Asst told me, "It's a LAW, AND YOU
MUST FILE". Her asst stood over me and dictated what to
write.
They never told me that I had right for legal advice on
this matter.

Few weeks later, I received a letter to attend an appt with
WC physician. I went. He took my BP and listened to my
story about what was going on at workplace, and sounded
sympathetic.
Few days later, an adjuster came to my workplace,
brandishing a tape recorder. I was so stressed that hardly
could utter a coherent phrase.
Shortly after, I received a letter that my "claim" has been
denied since "there were no work-related injury". I did not
take it any further.

Fast forward to early 2002. As a result of prolonged
hostile situation, I ended up on stress leave. As soon as I
brought in doctor's note, they handed me WC paperwork
again.
This time I sought medical treatment, and ended up in group
therapy. Only then did I find out from group members how
the WC system works, that I had right to talk to an
attorney, that I was not "obligated" to file a claim, that
it is an adversarial process, that the fact of filing such
claims will remain on my record available to future
employers, etc.
That's when I found out that for the first time my
supervisor had ordered me to file a NONPAYABLE claim
(absence less than 3 days and no medical treatment).

This time I talked to several WC lawyers, and finally
decided not to file a WC claim.
I informed my employer about my decision, but still started
receiving persistent phone calls from their WC (and
liability) insurance carrier, which I did not answer.
Shortly after I got a phone call ordering me to attend
an "independent medical examiner". I thought it has to do
with fitness for duty to return to work, and went, since I
did not want to anger them.
The entire interview with their doctor has been audiotaped
and lasted about an hour. He questioned me extensively on
workplace atmosphere, my relationship with the supervisor
etc.
Shortly after, in May 2002, I received a letter from their
WC carrier informing me that "claim #.... has been
denied".
The thing is, in 2002, I DID NOT FILE ANY WC CLAIM AT ALL.
Yes, in 2000, they did trick me into signing that form. In
2002, I did NOT sign anything.

My question is: Is there anything I can do to purge those
records (at least the second one) from my permanent record?
If yes, what and where do I start? I'm in California.

Thank you in advance.

How to expunge a "WC claim" employee didn't file or sign?, 5/04/06, by blah.

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