Porterville, CA asked in Workers' Compensation for California

Q: can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment

I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was just told the was a court hearing and he didn't show as well as the defense lawyer he ok with the defense lawyer calling and writing a letter canceling my appointments i need this treatment i just want to know if he can do that and what i should do about it please can someone answer and help thank you and GOD BLESS

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

A: The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a physician from the comp insurer's Medical Provider Network -- the MPN -- and your attorney writes to the adjuster and gets the adjuster to approve treatment with this MPN Physician. If the adjuster refuses to OK it's own MPN Physician, the attorney files for an Expedited Hearing and the judge orders the Adjuster to approve the treatment. If the entire claim is denied, the adjuster does not have to approve any treatment; if all responsibility for this claim is denied, you get the QME report and when the QME writes this injury IS work-related, you go to trial and show the QME report to the judge and request that the judge (1) find an Industrial Injury and then (2) order the adjuster to approve the Treating Physician you elected from the MPN.

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