Legal Question in Workers Comp in California

20 year old WC case question

My case was settled with a self-procurred future Meds. I have used Chiropractic care since then to maintain my stationary position.

Due to the new WC laws, the insurance company has been denying some of my bills and paying some. I dismissed my attorney, (he is unavailable) and went to a QME which was very favorable to me.

Now the insurance company wants me to go back to the AME of 1992 (who said he was retiring and unavailable, but now is suddenly available) for an exam.

I sent a letter asking if it was a AME or a labor code 4050 type exam, since I was unrepresented, an AME exam was not an option as I understand.

Now the insurance wants a judge to force me to the exam and still refuses to say if it is an AME or what.

How can I cut out all the BS and get them to obey the judgment?

The local attorneys won't take my case, there is no money in it.


Asked on 8/28/06, 1:17 am

2 Answers from Attorneys
Mina Tran PALMER & TRAN, LLP

Re: 20 year old WC case question

Chiro visits has been limited by statute effective in 2004 and by SB899 which is retroactive to all dates of injury. Limit is 24 visits per injury for Chiro, OT, PT each. That trumps any doctor's opinion.

If you used an AME before you must return to that Dr. (even if now unrepresented) for an updated opinion-LC 4067 provides the ony exceptions. Suggest you retain counsel, but may have problems as no fee may be available to fight this issue. By Courtland Palmer

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Answered on 9/08/06, 2:02 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: 20 year old WC case question

speak with the I&A office. The ame should not be an option as you are unrepresented and the Panel QME is more current. However, if there is not a Panel QME, the process is more complicated.

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Answered on 8/30/06, 8:41 pm


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