Legal Question in Workers Comp in California

Over 12 years ago I was injured on the job as a Tow Truck Driver/Operator. As a result I have a Sciatic condition that has been a hinderance to normal everyday functions especially employment. About 2 years after my injury I settled the financial aspect of this matter, but did not sell my medical. Workmans Comp. has been really pushing for me to sell my medical. After 12 years my condition has not improved much and I'm looking for some advice and/or guidance.


Asked on 9/05/12, 6:54 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

We need to get you CURRENT Medical Evidence on the recommended treatment for your deterioration... no WCAB Judge would make detailed decisions on medical reporting from 10 years back...

No worries! The insurance company pays for undated medical evidence... we just need to pick a Treating PHysician from the Insurance Company's "Medical Provider Network".

So you'll see a new Treating Doc, he'll write what would help you now, we add up the possible expenditures that would be made by the insurer... then we can measure whether the insurer is offering a reasonable amount or a silly little amount.

If you already have an MPN Physician and that MPN Treater is writing which treatments he recommends right now for relief of the industrial injury, ask the doctor what he thinks those various procedures would total. Then make a demand for the full amount of that total.

The sit back and watch the Insurer offer 20% of that and realize.... you have to decide on a 'bottom line' of what you will accept to let the Insurer 'off the hook' for a lifetime of medical care on your back.

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Answered on 9/05/12, 11:15 am


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