Q: Open Active WC Case in California Relocated South East State. Attend a Pain Mgt. From 2013 to 2019.
I Ask Should I have Got Paid for My On Going Severe Neck Injury? After Neurosurgeon Surgery Did Not Work and Caused Me New Problems. Findings Cervical Myelopathy and Other New Problems. They did Not Pay Me for All these Years. My Counselor Told Me because I Could Not had Received Social Security Disability and My Pension Occupational Disability that I Could Not Collect Three Disability at One Time. Is this True are Do They Owe Me Retro Disability Payments? I Attended this Chronic Pain Mgt. Doctor on East Coast as My New PTP. I Attended Each Month All these Years Without Pay. Also He Had a Nurse to Call Me and Tell Me He Do Not have to See Me Anymore. And He Quit . He Also Started to Tell Me that I had No Workers Comp Case. A Lie. I have Proof of All My Cases. He Would Not Give Me My Medical Records Neither talk to Me on the Phone. I Found Out He Used the Same TPA that was Also My Insurer. Am I Entitled to Receive My Medical Records?
Repost this on workers comp site
This site is more for auto accident matters
It appears to me that your so called "counselor" gave you really bad advice. You may have been entitled to collect from every disability source for all your injuries and/ or disabilities simultaneously. You need to file all your claims immediately.
My advice is that you contact a lawyer who is knows how to pursue disability claims, and worker's compensation claims. And DO NOT DELAY as you may have let too much time pass already. You will most likely not get answers here, so start calling lawyers immediately.
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A: The Labor Code requires only 104 weeks of Temporary Disability (2 years) unless its an eye or burn or joint replacement. PLUS you must be getting thorough, admissible reporting from a physician on the Comp Insurer's Medical Provider Network (the MPN). You make no reference to any MPN PHysician reporting. Just because you are seeing a doctor does not mean any California WCAB Judge will find any period of Temporary Disability for a California Work Injury nor any guarantee of any permanent disability. Are you ENTITLED to receive medical records? NO. There is no 'Entitlement' in the regulations. Can you request and pay for your records? Yes, back just 5 years, but be prepared to pay, these are not free. The WCAB Judge can make a finding ONLY on the QME Reporting or the MPN Treating Physician reporting, so ordering $1000 of old medical records won't help.
1 user found this answer helpful
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