Moreno Valley, CA asked in Workers' Compensation for California

Q: What happens to the workers compensation Dr. who evaluation that denied your worker compensation but then gets accepted

I had my claim overturned on a second doctors opinion so does the workers comp doctor who findings denied get penalized for anything ?

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Generally, nothing happens to a physician who writes the injured worker did not sustain any industrial injury. There are forms you can submit to the Director of Industrial Relations if you can show the physician performed below the standard of care. Here is a link to WCAB Forms https://www.dir.ca.gov/dwc/forms.html

go to the Complaint Forms. If you think the insurer should be audited for suggesting treatment with a physician who then writes you have no injury, you should complain to the Audit Unit with the Audit Unit complaint form. If this was a Qualified Medical Evaluator who performed a sub-standard evaluation, you should use the QME Complaint Form.

A physician is permitted to express his professional opinion that he doesn't think your injury occurred as the result of employment and not be subject to any government penalties. You can go on Healthgrades.com , Yelp.com, Vitals.com and other sites and give the physician a poor rating and warn other workers researching this doctor never to chose him.

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