Dear Nancy -

You need to speak with a lawyer ASAP. Subject to correction, it is my understanding Cal. declared -- by statute -- about 3 - 4 years ago that RSD and Fibro. woudn't be covered by WC. Period. A horrible thing, but there it is.

That said, if you are still within the statute of limitations for bringing a claim of negligence against your employer, you may be able to do so, where it shouldn't be able to assert the defense of "workers' comp. pre-emption" if RSD is no longer a covered claim for WC purposes. Put it another way, to remove any remedy for your injury could be argued to rise to the level of a "takings" under the Fifth and Fourteenth Amendment of the US Constitution. But please get on this quickly.

Mike