Santa Clara, CA asked in Workers' Compensation and Employment Discrimination for California

Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.

I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one

2 Lawyer Answers
Bianca Estella Kushner
Bianca Estella Kushner
Answered
  • Workers' Compensation Lawyer
  • San Francisco, CA
  • Licensed in California

A: It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.

If the issue is a denial of the injuries, then you should be able to get a QME Panel from the State and those examinations are required to be set within 60 days. If this is not possible, then a replacement Panel can be requested.

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

A: 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 Agreed Medical Evaluator who is going to find that you did have a work injury, it may be worth the wait...

If it's an accepted claim and the attorney is not active on the case and a 'legal assistant' (code for secretary practicing law without a license) only knows the one doctor or is getting a kickback from that doctor, then insist on face time with the attorney to pick a new doctor or get a new attorney.

Louis George Fazzi agrees with this answer

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