Westminster, CA asked in Workers' Compensation for California

Q: Can work comp stop my payment fir getting an attorney

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1 Lawyer Answer

A: I think you are asking: Can the Comp INSURER stop Temporary Disability indemnity checks because you obtain an attorney... NO. Temporary Disability payments are based on the treating doctor's Work Status reports. IF YOUR ATTORNEY switches you to a doctor that is not on the Medical Provider Network (for that insurer) then the Insurer CAN cut off Temporary Disability checks. The insurer only has to pay TD IF a doctor on that insurer's network writes you are temporarily totally disabled. If the doctor you are seeing fails to issue a report stating you are temporarily totally disabled THAT is another reason the Insurer will end temporary disability checks. So when you hire attorney, make certain you and the attorney have you treating with a doctor that is on the MPN and one that issues a Work Status report finding you totally temporarily disabled (until you can work), then the checks keep coming (until the adjuster has some other objection to the findings of that treating doctor).

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