Legal Question in Workers Comp in California
On 04/12/2004 I was injured and had seen a chirapracter who took x-rays of my back and said i should have a MRI done because he beleaves i had a herniated disc. I had to go to my workmans comp. Doctor "Kaiser" who diagnosed me with a back strain and was denied a MRI, Finally 1 year later after pain and suffering, (which lead to my permenant Mental Disability SSI status) The UR board approved my MRI and verified I did have a herniated disc. I had compleated required steps but denied because of my mental state which I didnt develop untill one year after injury. Also the Doctor that denied my MRI when i first was injured was also serving as an AME and UR board. I had a lawyer which never communicated anything with me i just recently dismissed my lawyer and the insurance adjuster told me surgery is not in the plans for me. I have ALL DOCUMENTS
2 Answers from Attorneys
Although you do not state any question, I assume you want to know what to do next. You clearly need to interview several local attorneys who are WC specialists. They will need to get a medical opinion to show that your mental disabilities stem from the work injury. Since Kaiser was treating you for a WC injury, even though they mistreated you, I think you are barred by the WC exclusive remedy rules from suing for malpractice. Most physician will not operate on anyone with a mental problem because they fear that they can not determine from the person as to whether the surgery was successful or not; whether a person has a back problem or not usually can only be determined by the person's complaints of symptoms, and if the person has a mental problem then they may not be able to present an accurate picture of whether they do have physical symptoms or not. You need to get a WC attorney.
There is an organization of workers' compensation attorneys that represent only injured workers: The California Applicant Attorneys Association (CAAA). You can look for attorneys in your area on their website at www.caaa.org.
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