Asked in Medical Malpractice and Workers' Compensation for California

Q: Hi. What kind of Care Team do I Need in Place if this "Spinal Cord Injury" become close to become Paraplegic or Quadri?

No one in My California Attorney Staff is Not helping Me with Not Any Kind of Information? I have Relocated Across Country. The Hospital or NEither Neuro Specialist will Not Help because it is California Workers Comp Case?

2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: the answer depends on the level of funcional losses you are suffering from. work comp may be required to provide any special needs you have so long as your treating doctor documents the need and that the need relates to your work injury at least in part. things such as personal help at home with laundry, cooking, bathing, etc, help getting around the community to assist you with shopping, banking, etc, special modification to your home such as support bars in your shower, around the toilet, etc and wheelchairs as well as assistive walking devices are all on the table so long as your doctor says you need such and that it is reasonably medically necessary.

if you are permanently totally disabled your attorney needs to fight for that level of disablity before you cash out (C&R) your case. and if you have preexisting conditions / injuries that contribute to you being 100% perm total disablity then your attorney must advise you of filing for SIBTF benefits.

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

A: Sadly, a 'care team' is never up to the lawyer. Or the injured worker. The ONLY treatment/caregivers the Insurer is required to provide are those requested in an RFA (request for authorization) from a Treating PHysician on the insurer's Medical Provider Network. So you will need to return to California to see an MPN Treating PHysician here who can write this care plan out as an RFA OR FIND a MPN Treating Physician in your new location who knows California law and can write the RFA with all of care/treatment you require now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.