Q: Can I include medical records from ER to my workers comp claim?
I went to the ER on 4 separate occasions the last two years. I thought it was a bad stomach ache and i did ct-scan, ultrasound and x-ray but everything was normal. The fifth time I went during work hours and the doctor said it was severe depression disorder.
I was discriminated for many years but I didn’t understand my rights. I thought my employers has to say certain words to be consider discrimination.
I was terminated while I was on workers comp and was allowed to go back to work with restrictions. The reason was for misconduct of company policies. I have an email from HR that it was up to my manager if there will be any disciplinary action. I spoke with my manager and he said to focus on work because I followed the guidelines and not to worry about it.
I was terminated because they knew that I didn’t know my rights or understood workers comp.
A: You can have a treating physician or a Qualified Medical Evaluator physician REVIEW and COMMENT upon the emergency room records. You may put the records into evidence, but the WCAB Judge cannot make a decision as to an injury and disability just on emergency room records. A treating physician (not just a neighborhood family doc, but a specialist listed in the comp insurer's Medical Provider Network) can review the records then write you ER visits were 'reasonably necessary to relieve the effects of an industrial injury' and if the judge agrees with that physician's findings, you could get some reimbursement. If you can prove you were terminated in retaliation for requesting comp benefits, you need to file and serve a LC132a petition immediately; it could result in you being reinstated with back wages, if the WCAB judge finds the only reason you were terminated was because the company was 'getting even' with you for getting hurt on the job. LC132a petitoin has to be filed and served within one year of the termination, or it's too late.
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