Atlanta, GA asked in Workers' Compensation for California

Q: Can a medical provider use a time limit demand in California in a workers compensation matter?

I know you can us it in civil matters, I just can't figure out if you can in Workers Compensation matters or not since WC is not a civil case.

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James L. Arrasmith
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Answered

A: In California, a medical provider cannot use a time limit demand in a workers' compensation case in the same way it's used in civil matters. Workers' compensation is governed by a different set of rules and processes, which focus more on medical treatment, disability benefits, and returning the injured worker to their job, rather than civil penalties or settlements.

The Workers' Compensation Appeals Board (WCAB) oversees these cases, and there are strict timelines and procedures in place for resolving disputes, including those related to medical treatment. While there are deadlines for certain filings or actions, time limit demands common in civil litigation don’t apply the same way in the workers’ compensation system.

If you're dealing with a delay or dispute in receiving medical treatment or benefits, you can request a hearing before a workers' compensation judge, or explore options like Independent Medical Review (IMR) to resolve the issue. This system is designed to prioritize the well-being of the injured worker, not to handle claims in the same way as a civil lawsuit.

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