Q: Workers comp has me on 90 day delay for my benefits I applied for edd my doctor acknowledged in the application I was
Injured at work does that open a window on winning my lawsuit they are claiming it's a preexisting injury but my I know it ain't I got medical records to show it
A: Based on the facts it seems that they have not accepted or denied. If you are in denial time frame the Workers Comp Insurance is investigating the matter. Also regarding a pre-existing condition, the only person able to make that determination is a doctor. I would highly recommend you get a WC attorney. You pay no Upfront Cost and they only get paid if you recover. Good Luck>
A: "My doctor" is the problem in this sentence. The Workers Comp judge can't make any decision on 'my doctor' reporting. The Labor Code only let's the judge look at the report of an MPN Treating Physician or the QME. (Or the Agreed Medical Evaluator, the AME.) Your personal doctor can tell the Employment Development Dept. he thinks you have a work injury, but until a Qualified Medical Evaluator -- QME -- or a primary treating physician elected from that insurer's Medical Provider Network --- an MPN Treater --- writes a report that the disability you have now is the direct result of the injury you report to the employer on the Workers Compensation Claim Form, you have no evidence with which to 'win'.
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