I don't understand how to respond to a lawyer's response to my initial question on this website .. If that is even possible. So I am adding more details in this question. The DA allowed a 1x consult to a neurologist. She put this in writing. Three lawyers down (and three years later )and it... Read more »
A 'consult' means ONLY that you are face-to-face with the physician. it DOES NOT include anything else. Your question presumes that if consulting physician suggests a test, the approval of the consultation magically approves any testing suggested. IT DOES NOT. WRITE and visit and petition...Read more »
Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to bypass... Read more »
When I get an RFA and the denial appears deficient under LC4610, i file for an Expedited Trial and get the problem before the WCAB Judge as fast as possible. If the RFA was done properly and there is good proof of that, the judge can make the decision instead of a UR 'doctor'.
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... Read more »
You're 'on track' in Dallas, TX for a California comp injury??? You cannot get PD 'if a doctor requests'. You only get permanent disability IF (1) a Treating PHysician elected from the insurer's Medical Provider Network -- the MPN -- writes that you have Whole Person Impairment, and does so...Read more »
The Injured Worker's REPRESENTATIVE gets one copy of the transcript. So, if you have an attorney, you get your copy through your lawyer. If you do not have an attorney, the court reporter was to mail your copy of the transcript directly to you, no charge. (and if you have a lawyer, you should...Read more »
I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.
Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... Read more »
Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are seeing...Read more »
I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... Read more »
You may NOT pursue a 'Personal Injury' claim against an employer. The Civil Court judge will dismiss your case, as the Civil Code and the Labor Code make clear the ONLY remedy for an injury on the job is through the Workers Compensation Act of the Labor Code of California. ONLY if the employer...Read more »
I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... Read more »
All i can tell you is there is a Statute of Limitations requiring you provide notice -- generally written -- to the employer you are claiming a work injury within one year of sustaining this injury. So if there is a old writing in 2016 that you could convince a judge put the employer 'on notice'...Read more »
Maybe that's too long. Your attorney should have provided a crystal-clear explanation as to why the other physicians available were the wrong ones and why waiting 6 months for this one was the best strategy for you.
If it's a denied injury and the 'workmans comp' doctor is actually an...Read more »
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... Read more »
NO. You don't 'ADD' one injury to a different injury. YOU CAN ADD body parts for one injury date. EACH DATE OF injury gets a separate state case number and is separated (unless and until there is some motion that a judge must hear them together). You write 'i never put in a claim' and a...Read more »
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... Read more »
YOU HAVE a Workers Comp attorney, THAT is who should be (1) answering these issues and (2) rushing to an appeal of the denial of the surgery on the other hand. The Termination will probably stop the workers comp judge from awarding you any Temporary Disability prior to the surgery date. If the...Read more »
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »
The Statute of limitations requires you provide written notice to the employer within ONE YEAR of the incident resulting in injury. If it's a substance or latent chemical poisoning, it's one year from the date you were notified the exposure was at work. The Workers Comp judge would quickly...Read more »
We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his appointments,... Read more »
The Stipulations With Request For Award agreement does NOT guarantee the insurer will agree to any surgery. Yes, even if the doctor writes he 'desparately' needs it. Your elected officials put in place laws that let a reviewing doctor will never see the injured worker write a report that says the...Read more »
There are no set Forms for the actions you listed. Most are done by written petition, citing a regulation or labor code or code of civil procedure section upon which the judge may relay to grant the requested relief. And any petition must be verified, another pleading for which there is no...Read more »
My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... Read more »
Sadly, a finding by a QME that you are Temporarily Totally Disabled for particular dates may not be enough to require the Adjuster to pay TTD. IF the employer is saying the injury is not industrial and the employer wants a trial to try to prove the QME got it wrong, the adjuster won't pay. If...Read more »
If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... Read more »
As long as the insurer is providing any form of benefit, the insurer is entitled to discovery about the injured worker. While discovery is 'closed' at the MSC (mostly), discovery is closed on the precise issue(s) to be submitted to the judge for determination, not on the entire claim. If the...Read more »
I was going to give you Neil Pedersen's phone number and advise you schedule a meeting TODAY, but then i see he already answered you! THIS IS NOT workers compensation (unless you sprained your spine requesting your check). IT IS a valuable Employment Law violation claim, do not try to resolve...Read more »
I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... Read more »
There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights...Read more »
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