Legal Question in Workers Comp in California

2 years on workers Comp...Lawyer time???

Ive been on WC 2 years as of June 29th 06' due to a broken ankle. Had surgery July of 05'. Workers Comp is now sending me to a QME becuase they feel the doctor that is taking care of everything isnt doing his job or is taking too long. WC also stopped paying me bi weekly because they said I have reached my 104 week maximum payment period. I havnt been released back to work, Im not getting paid, My foot hasnt gotten any better and my QME appt is a month away. Do I need a lawyer or do I just go with the flow and deal with it.


Asked on 7/07/06, 6:15 pm

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: 2 years on workers Comp...Lawyer time???

You absolutely need to consult with a worker's Compensation attorney before you go to QME for the following reasons:

1.You will get an impartial and fair opinion by going to a AME (Agreed Medical Evaluation) rather than a defense QME.

2. Defense QME tend to be biased toward employers and insurance companies(that's why is called Defense QME) and you may get zero or very low rating for your permamnent disability.

3. You actually have to know each QME or AME individually for their fairness and biases. You are running a big risk by accepting a defense oriented QME. You have the right to choose a fair doctor.

4. You may cross-examine a AME if their opinion

lacks proper foundation.

There are other unnecessary risks that you are taking by not adequately providing the QME or AME with all medical reports that may cost your permanent disability rating to be reduced.

I am an experienced Worker's Compensation Attorney and willing to provide you with a free consultation about your case. Call me at 213.388.7070. Good Luck.

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Answered on 7/11/06, 3:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 2 years on workers Comp...Lawyer time???

You haven't even consulted a lawyer in 2 years and you are wondering if you should go with the flow, man? Whaddayou, stoned?

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Answered on 7/10/06, 11:33 pm


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